Opinion
2:20-MJ-633-VCF
11-04-2022
UNITED STATES OF AMERICA, Plaintiff, v. JOSIAH GASIOR, Defendant.
ANGELICA MARMORSTEIN, ESQ. Assistant United States Attorney ANDREW S. T. FRITZ, LTD. Andrew S. T. Fritz, Esq. Attorney for Defendant - Josiah Gasior
ANGELICA MARMORSTEIN, ESQ.
Assistant United States Attorney
ANDREW S. T. FRITZ, LTD.
Andrew S. T. Fritz, Esq.
Attorney for Defendant - Josiah Gasior
STIPULATION AND ORDER TO AMEND CHARGE TO RECKLESS DRIVING
HONORABLE CAM FERENBACH, U.S. MAGISTRATE JUDGE
IT IS HEREBY STIPULATED AND AGREED by and between ANDREW FRITZ, ESQ., Counsel for Defendant JOSIAH GASIOR, and ANGELICA MARMORSTEIN, ESQ., Assistant United States Attorney, that if Defendant completes all sentencing obligations within (6) six months of the sentencing date, the Court will allow Defendant to withdraw the current plea of guilty to Count 1: Operating a Motor Vehicle while Under the Influence of Alcohol a violation of Title 36 C.F.R. § 4.23(a)(1), a Class B misdemeanor, and enter a plea of guilty to an amended Count 1: Reckless Driving a violation of Title 36 C.F.R. §4.2 and N.R.S. 484B.653.
This Stipulation is entered into for the following reasons:
1. On March 16, 2022, Defendant, Josiah Gasior, plead guilty to Operating
a Motor Vehicle while Under the Influence of Alcohol, a violation of Title 36 C.F.R. § 4.23(a)(1), a Class B misdemeanor.
2. On March 22, 2022, Defendant completed the victim impact panel (certificate attached).
3. On April 11, 2022, Defendant completed the Nevada DUI 8-hour online course (certificate attached).
4. On July 13, 2022, Defendant paid the $1,510.00 fine (receipt attached).
5. On August 9, 2022, Defendant completed a 16 hour Drug and Alcohol Awareness class (certificate attached).
6. The Guilty Plea Agreement states if, Defendant completes all sentencing obligations within (6) six months of the sentencing date, the Court will allow Defendant to withdraw the current plea of guilty to Count 1: Operating a Motor Vehicle while Under the Influence of Alcohol a violation of Title 36 C.F.R. § 4.23(a)(1), a Class B misdemeanor, and enter a Plea of Guilty to an amended Count 1: Reckless Driving a violation of Title 36 C.F.R. §4.2 and N.R.S. 484B.653.
7. Defendant completed all his sentencing obligations on August 9, 2022, which is within the required six month period.
FINDINGS OF FACT
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds:
This Stipulation is entered into for the following reasons:
1. On March 16, 2022, Defendant, Josiah Gasior, plead guilty to Operating a Motor Vehicle while Under the Influence of Alcohol, a violation of Title 36 C.F.R. § 4.23(a)(1), a Class B misdemeanor.
2. On March 22, 2022, Defendant completed the victim impact panel, (certificate attached)
3. On April 11, 2022, Defendant completed the Nevada DUI 8-hour online course, (certificate attached)
4. On July 13, 2022, Defendant paid the $ 1,510.00 fine (receipt attached).
5. On August 9, 2022, Defendant completed a 16 hour Drug and Alcohol Awareness class (certificate attached).
6. The Guilty Plea Agreement states if, Defendant completes all sentencing obligations within (6) six months of the sentencing date, the Court will allow Defendant to withdraw the current plea of guilty to Count 1: Operating a Motor Vehicle while Under the Influence of Alcohol a violation of Me 36 C.F.R. § 4.23(a)(1), a Class B misdemeanor, and enter a Plea of Guilty to an amended Count 1: Reckless Driving a violation of Title 36 C.F.R. §4.2 and N.R.S. 484B.653.
7. Defendant completed all his sentencing obligations on August 9, 2022, which is within the required six month period.
CONCLUSIONS OF LAW
The Defendant completed all sentencing obligations on August 9, 2022, within (6) six months of the sentencing date. Defendant is allowed to withdraw the current plea of guilty to Count 1: Operating a Motor Vehicle while Under the Influence of Alcohol a violation of Title 36 C.F.R. § 4.23(a)(1), a Class B misdemeanor, and enter a plea of guilty to an amended Count 1: Reckless Driving a violation of Title 36 C.F.R. §4.2 and N.R.S. 484B.653, and to close this case.
ORDER
IT IS HEREBY ORDERED: