Opinion
2:21-mj-01005-DJA
12-29-2022
PUNITED STATES OF AMERICA, Plaintiff, v. JOSE LUIS LUVA, Defendant
JASON M. FRIERSON United States Attorney Nevada Bar Number 7709 MINA CHANG Assistant United States Attorney Attorneys for the United States JASON M. FRIERSON Acting United States Attorney SCOTT M. HOLPER Counsel for Defendant LUVA MINA CHANG Assistant United States Attorney
JASON M. FRIERSON United States Attorney Nevada Bar Number 7709 MINA CHANG Assistant United States Attorney Attorneys for the United States
JASON M. FRIERSON Acting United States Attorney
SCOTT M. HOLPER Counsel for Defendant LUVA
MINA CHANG Assistant United States Attorney
STIPULATION TO CLOSE CASE
HON. DANIEL J. ALBREGTS, UNITED STATES MAGISTRATE JUDGE
IT IS HEREBY STIPULATED AND AGREED, by and between Jason M. Frierson, United States Attorney and Mina Chang, Assistant United States Attorney, counsel for the United States of America, and Scott M. Holper, Esq., counsel for defendant Jose Luis Luva, that the Status Conference set for 11:30 a.m. on December 30, 2022 be vacated and that this case be closed.
This Stipulation is entered into for the following reasons:
1. On or about May 24, 2022, defendant Jose Luis Luva entered into a Petty Offense Plea Agreement with the United States in which he agreed to plead guilty to Count One of the Complaint, Operating a Motor Vehicle while Under the Influence of Alcohol, in violation of 36 C.F.R. § 4.23(a)(1). See ECF No. 9. 1
2. The parties agreed to recommend that defendant be sentenced to one year of unsupervised probation with the following special conditions: (i) pay a $500 fine and a mandatory $10 penalty assessment; (ii) attend and complete the Lower Court Counseling's (1) DUI course and (2) Victim Impact Panel; (iii) complete an eight hour online alcohol awareness course; (iv) not return to Lake Mead National Recreation Area for a period of six months; and (v) not violate any local, state, or federal laws. ECF No. 9 at 2.
3. The parties further agreed that if defendant successfully completed special conditions (i), (ii), (iii), and (iv) within six months of his unsupervised probation, the parties would allow defendant to withdraw his guilty plea to Count One; the United States would move to amend Count One to a charge of Reckless Driving in violation of 36 C.F.R. § 4.2 and N.R.S. 484B.653; defendant would plead guilty to amended Count One; and the parties would jointly agree that the original sentence be applied to amended Count One. Id.
4. On June 1, 2022, this Court sentenced defendant pursuant to the parties' plea agreement. See ECF No. 8.
5. Since commencing his term of unsupervised probation, defendant has successfully completed conditions (i), (ii), (iii), and (iv). See Ex. A.
6. Accordingly, the United States moves to amend Count One of the Complaint to a charge of Reckless Driving in violation of 36 C.F.R. § 4.2 and N.R.S. 484B.653 (“Amended Count One”).
7. Defendant hereby pleads guilty to Amended Count One of the Complaint.
8. The parties jointly request that the original sentence be applied to Amended Count One and for the case to be closed.
[PROPOSED] ORDER
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds that:
1. Defendant Jose Luis Luva has successfully completed the conditions of his sentencing.
ORDER
IT IS HEREBY ORDERED that Count One is amended to Reckless Driving in violation of 36 C.F.R. § 4.2 and N.R.S. 484B.653; and
IT IS FURTHER ORDERED that the Status Conference currently scheduled for December 30, 2022 at 11:30 a.m. be vacated; and
IT IS FURTHER ORDERED that this case be closed.
EXHIBIT A
EXHIBIT A IMAGE OMITTED