Opinion
CASE NO. 2:11-CR-00365 GEB
02-08-2013
UNITED STATES OF AMERICA, Plaintiff, v. GREGORIO ZAPIEN-MENDOZA, et. al., Defendants.
SCOTT N. CAMERON Attorney at Law Attorney for: GREGORIO ZAPIEN-MENDOZA
SCOTT N. CAMERON
Attorney at Law
Attorney for:
GREGORIO ZAPIEN-MENDOZA
STIPULATION AND [PROPOSED] ORDER
FOR PRE-PLEA CRIMINAL HISTORY
EVALUATION FOR DEFENDANT ZAPIEN-
MENDOZA
Stipulation
The government and defendant GREGORIO ZAPIEN-MENDOZA (hereafter "defendant"), through undersigned counsel, stipulate that it would be appropriate for the United States Probation Office to prepare a criminal history evaluation, and determine the criminal history category, for defendant prior to a change of plea. As such, the parties request that this Court make such an order. The criminal history for defendant is ambiguous and his criminal history cannot be determined with sufficient confidence to adequately advise the defendant of the consequences of a change of plea. Moreover, an accurate calculation of the defendant's criminal history category would significantly aid in the settlement of this matter.
The government has authorized the defense counsel for defendant to sign this stipulation on his behalf.
BENJAMIN WAGNER
United States Attorney
by ________________________
Daniel McConkie
Assistant U.S. Attorney
by ________________________
Scott N. Cameron
Counsel for
Gregorio Zapien-Mendoza
Order
For the reasons stated in the above stipulation of counsel, the United States Probation Department is ordered to conduct a criminal history evaluation, and to determine the criminal history category, for defendant GREGORIO ZAPIEN-MENDOZA.
________________________
GARLAND E. BURRELL, JR.
Senior United States District Judge