Free Stipulation of Fact and Joint Motion for Release of M/W - District Court of California - California

Case 3:08-mj-01827-RBB

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KAREN P. HEWITT United States Attorney MICHELLE M. PETTIT Assistant United States Attorney California State Bar No. 253406 United States Attorney's Office Federal Office Building 880 Front Street, Room 6293 San Diego, California 92101 Telephone: (619) 557-7450 Attorneys for Plaintiff UNITED STATES OF AMERICA

FILED

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Plaintiff, v. RENE PATRICIO-AGUILAR, Defendant.
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STIPULATION OF FACT AND JOINT
MOTION FOR RELEASE OF
MATERIAL WITNESS(ES) AND ORDER THEREON
(Pre-Indictment Fast-Track Program)

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IT IS HEREBY STIPULATED AND AGREED between the plaintiff, UNITED STATES
OF AMERICA, by and through its counsel, Karen P. Hewitt, United States Attorney, and Michelle M. Pettit, Assistant United States Attorney, and defendant RENE PATRICIO-AGUILAR, by and through and with the advice and consent of defense counsel, Robert H. Rexrode, that: 1. Defendant agrees to execute this stipulation on or before the first preliminary hearing

date and to participate in a full and complete inquiry by the Court into whether defendant knowingly, intelligently and voluntarily entered into it. Defendant agrees further to waive indictment and plead guilty to the pre-indictment information charging defendant with a non-mandatory minimum count of Bringing in Aliens Without Presentation and Aiding and Abetting, in violation of 8 U.S.C.

§ 1324(a)(2)(B)(iii) and 18 U.S.C. § 2.
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Defendant' acknowledges receipt of a plea agreement in this case and agrees to

provide the signed, original plea agreement to the Government not later than five business days before the disposition date set by the Court. 3. Defendant agrees to plead guilty to the charge pursuant to the plea agreement on or

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before July 14,2008.

4.
in this case:

The material witnesses, Claudia Amigon-Torres and M.A.D.A., a female juvenile,

a. b. June 11,2008;

Are aliens with no lawful right to enter or remain in the United States; Entered or attempted to enter the United States illegally on or about

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c.

Were found in a vehicle driven by defendant at the San Ysidro, California Port

of Entry (POE) and that defendant knew or acted in reckless disregard of the fact that they were aliens with no lawful right to enter or remain in the United States;

d.

Were having others pay on their behalf$3,500 to others to be brought into the

United States illegally and/or transported illegally to their destination therein; and,

e.

May be released and remanded immediately to the Department of Homeland

Security for return to their country of origin.

5.

After the material witnesses are ordered released by the Court pursuant to this

stipulation andjoint motion, if defendant does not plead guilty to the charge set forth above, for any reason, or thereafter withdraws his guilty plea to that charge, defendant agrees that in any proceeding, including, but not limited to, motion hearings, trial, sentencing, appeal or collateral attack, that:

a.
substantive evidence; b.

The stipulated facts set forth in paragraph 4 above shall be admitted as

The United States may elicit hearsay testimony from arresting agents

regarding any statements made by the material witness(es) provided in discovery, and such testimony shall be admitted as substantive evidence under Fed. R. Evid. 804(b)(3) as statements against interest of (an) unavailable witness(es); and,
Stipulation of Fact and Joint Motion for Release of Material Witness(es) And Order Thereon in United States v. Rene Patricio-Aguilar

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c.

Understanding that under Crawford v. Washington, 124 S. Ct. 1354 (2004),

"testimonial" hearsay statements are not admissible against a defendant unless defendant confronted and cross-examined the witness(es) who made the "testimonial" hearsay statements, defendant waives the right to confront and cross-examine the material witness(es) in this case.
6.

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By signing this stipulation and joint motion, defendant certifies that defendant has

read it (or that it has been read to defendant in defendant's native language). Defendant certifies further that defendant has discussed the terms of this stipulation and joint motion with defense counsel and fully understands its meaning and effect. Based on the foregoing, the parties jointly move the stipulation into evidence and for the immediate release and remand of the above-named material witness(es) to the Department of Homeland Security for return to their country of origin.
It is STIPULATED AND AGREED this date.

Respectfully submitted, KAREN P. HEWITT United States Attorney Dated: - - - - - - -

MICHELLE M. PETTIT Assistant United States Attorney

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BERT H. REXRODE efense Counsel for P RICIO-AGUILAR

Dated:

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ORDER
Upon joint application and motion of the parties, and for good cause shown,

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THE STIPULATION is admitted into evidence, and, IT IS ORDERED that the above-named material witness(es) be released and remanded
forthwith to the Department of Homeland Security for return to their country of origin.

SO ORDERED.

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IlitedStates Magistrate Judge

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