Free Admissions of Allegation - District Court of Arizona - Arizona


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Date: August 24, 2005
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State: Arizona
Category: District Court of Arizona
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1 PAUL K. CHARLTON
United States Attorney
2 District of Arizona
David P. Peterrnann
3 Assistant U.S. Attorney
405 West Congress Street, Suite 4800
4 Tucson, Arizona 85701-5040
Telephone: (520) 620-7300
5 Attorneys for Plaintiff
David.Petermann@usdoj .gov
6 UNITED STATES DISTRICT COURT
7 DISTRICT OF ARIZONA .
8 United States of America, )
)
. 9 Plaintiff, ) CR 01-0257-001-PHX—FRZ (GEE)
)
10 v. ) REVOCATION DISPOSITION
ll ) AGREEMENT
Christian Eden Gonzalez—Ramos, )
. )
12 Defendant. )
13 ) 1
14 The United States of America and the defendant agree to the following disposition
15 of this matter:
16 TERMS OF THE AGREEMENT
17 1. This is a revocation of:
18 (X) supervised release
19 ( ) probation
20 2. The defendant will admit to allegation A in the Petition to Revoke. This is a Grade
21 B violation. As a result, the det`endant’s supervised release will be revoked. The
22 government agrees to dismiss at disposition any remaining allegations in the petition, if the
23 defendant is sentenced in accordance with this agreement.
24 3. The parties agree that the defendant will be sentenced to:
25 (X) a range of 4-7 months incarceration; OR
26 ( ) a period of incarceration not to exceed the middle of the applicable
guideline range under U.S.S.G. § 7Bl .4(a) (Revocation Table), and
not below the minimum of that range; OR
I ( ) other (specify):
Case 2:01 —cr—00257—FRZ-GEE Document 100 Filed 08/25/2005 Page 1 of 4

1 4. This sentence will be followed by:
2 ( ) an additional term of months of supervised release
3 (X) an additional term of supervised release to be determined by the court
4 ( ) NO additional term of supervised release
5 If t he d efendant is s entenced to a term 0 f p robation o r s upervised r elease, the
6 defendant agrees to comply with the previously imposed conditions and any others
7 the probation department or court deems appropriate.
8 ( ) In addition, the following additional condition(s) shall be imposed;
9
10
11
12 5. Consecutive/Concurrent sentences:
13 (X) There is no agreement regarding consecutive or concurrent sentences
(or the issue 1S not applicable in this case);
14 ( ) The government agrees that it will not talge a position whether this
15 sentence should be concurrent or consecutive to another sentence.
16 6. Statutory and Guideline Provisions:
17 _ a) U.S.S.G. § 7Bl .4, the Terms of Imprisonment (Policy Statement) provides:
18 Revocation Table
(In months of imprisonment) .
19 Grade of
20 Violation I II III IV V VI
21 GradeC 3-9 4-10 5-11 6-12 7-13 _ 8-14
22 Grade B 4-10 6-12 8-14 12-18 18-24 21-27
23 Grade A (1) Except as provided in subdivision (2) below:
24 12-18 15-21 18-24 24-30 30-37 33-41
25 (2) Where a defendant was on probation or supervised release as a
result of a Class A felony:
26 24-30 27-33 30-37 37-46 46-57 51-63
2
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1 b) Penalties applicable for defendant’s original offense:
2 1) Criminal History - I
3 2) ouiaeime Range - 2-+- Bb ······-“—5
4 3) Statutory Maximum Incarceration — *+0 j 616
5 4) Maximum Supervised Release - 5'¥5¤R5
6 c) For probation violations, the defendant, upon revocation of probation, may
be re-sentenced to any term of imprisonment not to exceed statutory
7 maximum of the original offense of conviction. (18 U.S.C. § 3565 (a)(2))
8 d) For supervised release violations, the maximum imprisonment upon
revocation of supervised release (pursuant to 18 U.S.C. § 3583 (e)(3)) 1s:
9 ( ) Class A felony - 5 years `
10 M Class B felo
H ( ) I Class C or D felony — 2 years
12 ( ) Any other case - l year
13 The maximum supervised release following any term of imprisonment upon
14 revocation of supervised release shall not exceed the maximum supervised
release for the underlying offense, less any term of imprisonment that was
15 imposed upon revocation. (18 U.S.C. § 3883(h))
16 7. Waiver of Appeal & Collateral Attacks - The defendant waives any and all motions,
17 defenses, probable cause determinations, and objections which the defendant could assert
18 to the information or indictment, or petition to revoke, or to the Court’s entry of judgment
19 and imposition of sentence upon the defendant, providing the sentence is consistent with
20 this agreement. The defendant further waives: (1) any right to appeal the Court's entry of
21 judgment against defendant; (2) any right to appeal the imposition of sentence upon
22 defendant; and (3) any right to collaterally attack defendant’s conviction and sentence in
23 a habeas petition under 28 U.S.C. § 2255 or motion under any other statute or rule. If the
24 defendant tiles a notice of appeal or any habeas petition, notwithstanding this agreement,
25 the defendant agrees that, upon motion of the government, this case shall be remanded to
26 the district court to determine whether defendant is in breach of this agreement and, if so,
to permit the United States to withdraw from this disposition agreement.
3
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1 8. The defendant understands the government’s obligation to provide all information
2 in its file regarding the defendant to the United States Probation Office. The defendant
3 fully understands and agrees to cooperate fully with the United States Probation Office in
4 providing all information requested by the probation officer.
5 9. I understand all of the provisions of this agreement. This written disposition
6 agreement contains all the terms and conditions of my agreement, and any promises made
7 by anyone (including my attorney) that are not contained within this written agreement are
. . Q-; ’
8 without ffeot nduare void. 7
/g’ got? .
9 I . ‘__
Dat Christi en Gonzalez-Ramos
10 ·...rE nt
11 IO. I have discussed this case and the written agreement with my client in detail, and
12 have translated it for him if he does not speak English. No assurances, promises, or
13 representations have been given to me or my client by the government or by any of its
14 representatives which are not contained in this written agreeme · . I concur in the entry of
15 the agreement as indicated above and agree that · - yr - - • nditions set forth in this
16 agree nt e in the best interests of my cl` j
17 D R rl?
a o 4* yna ,
18 Attorney for Defe t
19
20 l l. Ihave reviewed this matter and the agreement. I agree on behalf ofthe United States
21 that the terms and conditions set forth are appropriate and are in the best interests of justice.
22 PAUL K. cHAnLroN
23 United States Attomey
District of Arizona
24
25 X- /2 *05* .
Date avid P. etermami 5
26 Assistant U.S. Attomey
4
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