Opinion
2:20-mj-01022-BNW
10-28-2022
UNITED STATES OF AMERICA, Plaintiff, v. MARCO ANTONIO PLASCENCIA-GOMEZ, Defendant.
RENE L. VALLADARES Federal Public Defender Nevada State Bar No. 11479 JOANNE L. DIAMOND Assistant Federal Public Defender Attorney for Marco Antonio Plascencia-Gomez
RENE L. VALLADARES
Federal Public Defender
Nevada State Bar No. 11479
JOANNE L. DIAMOND
Assistant Federal Public Defender
Attorney for Marco Antonio Plascencia-Gomez
STIPULATION TO CLOSE CASE
Jason M. Frierson, United States Attorney, and Angelica Marmorstein, Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, and Joanne L. Diamond, Assistant Federal Public Defender, counsel for Marco Antonio Plascencia-Gomez, hereby provide the Court with the following status report:
1. On November 25, 2021, Mr. Plascencia-Gomez was charged in a three-count Complaint with (1) Operating a Vessel while Under the Influence of Alcohol, (2) Refusal to Submit to a Chemical Test, and (3) Operating a Vessel with Person Riding on Transom. ECF No. 1.
2. On March 10, 2021, Mr. Plascencia-Gomez entered into a Petty Offense Plea Agreement with the government in which he agreed to plead guilty to Count Two of the Complaint, Refusal to Submit to a Chemical Test. ECF No. 9. The government agreed to dismiss Count One, Operating a Vessel while Under the Influence of Alcohol, and Count Three, Operating a Vessel with Person Riding on Transom. Id.
3. The parties jointly agreed to recommend Mr. Plascencia-Gomez be sentenced to unsupervised probation for eighteen months, with the following special conditions: (i) pay a $1,000 fine and a mandatory $10 penalty assessment; (2) attend and complete the Lower Court Counseling's DUI course and Victim Impact Panel; (3) complete an 8 hour online alcohol awareness course; (4) complete an approved boating safety course; (5) not return to Lake Mead for one year; (6) not violate any local, state, or federal laws for 6 months. Id.
4. On March 10, 2021, this Court sentenced Mr. Plascencia-Gomez pursuant to the plea agreement. ECF No. 8.
5. Mr. Plascencia-Gomez has completed all special conditions of probation. His period of unsupervised probation ended on September 10, 2022. The parties therefore stipulate that this case should now be closed.
ORDER
IT IS THEREFORE ORDERED that this case be closed.