Opinion
2:22-mj-533-DJA
08-30-2023
UNITED STATES OF AMERICA, Plaintiff, v. JORGE RAUL FLORES, Defendant.
HOFLAND & TOMSHECK JASON M. FRIERSON United States Attorney JOSHUA TOMSHECK, ESQ Counsel for Defendant IMANI DIXON, ESQ Assistant United States Attorney
HOFLAND & TOMSHECK
JASON M. FRIERSON
United States Attorney
JOSHUA TOMSHECK, ESQ
Counsel for Defendant
IMANI DIXON, ESQ
Assistant United States Attorney
ORDER TO CLOSE CASE PURSUANT DEFENDANT'S COMPLIANCE
DANIEL J. ALBREGTS, UNITED STATES MAGISTRATE JUDGE
IT IS HEREBY STIPULATED AND AGREED, by and between Jason M. Frierson, United States Attorney, and Imani Dixon, Esq., Assistant United States Attorney, counsel for the United States of America, and Joshua Tomsheck, Esq., of HOFLAND & TOMSHECK, counsel for Defendant, Jorge Raul Flores, as follows:
IT IS FURTHER STIPULATED AND AGREED, that counsel for the defendant has provided proof of completion to the Government for the DUI School, the Victim Impact Panel and the 8-hour Alcohol Awareness Program as required pursuant to the Petty Offense Plea Agreement;
IT IS FURTHER STIPULATED AND AGREED, that the defendant has paid the $500.00 fine and the $10.00 assessment fees imposed;
IT IS FURTHER STIPULATED AND AGREED, that the defendant has not returned to Lake Mead National Recreation Area for the six (6) month period as directed;
IT IS FURTHER STIPULATED AND AGREED, that the defendant completed all obligations imposed by the Court and the parties agree to jointly move to allow the defendant to withdraw his plea of guilty to Count One - Operating a Motor Vehicle while Under the Influence of Alcohol;
IT IS FURTHER STIPULATED AND AGREED, that the Government will move to amend Count One to a charge of Reckless Driving, a violation of 36 C.F.R. § 4.2 and N.R.S. 484B.653. The defendant will plead guilty to the amended Count One of the Complaint.
IT IS FURTHER STIPULATED AND AGREED, that the parties jointly agree that the original sentence be applied to the Reckless Driving conviction.
ORDER
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds that:
1. That counsel for the defendant provided proof of completion for the DUI School, the Victim Impact Panel and the 8-hour Alcohol Awareness Program as required pursuant to the Petty Offense Plea Agreement;
2. That the defendant paid the $500.00 fine and the $10.00 assessment fees imposed;
3. That the parties agree that the defendant completed all the obligations imposed, the parties agree to jointly move to allow the defendant to withdraw his plea to the Operating a Motor Vehicle while Under the Influence;
4. That the Government will move to amend Count One of the Complaint to the charge of Reckless Driving. The defendant will plead guilty to the amended Count One of the Complaint;
ORDER
IT IS FURTHER ORDERED that the original sentence be applied to the amended Count One of Reckless Driving;
IT IS FURTHER ORDERED that the case be closed and the September 1, 2023 date be vacated.