Opinion
2:22-mj-0028-DJA
02-15-2023
UNITED STATES OF AMERICA, Plaintiff, v. EDWIN JEHOVANY POLANCO- RIVERA, Defendant.
JASON M. FRIERSON ACTING UNITED STATES ATTORNEY JASON W. BARRUS COUNSEL FOR DEFENDANT POLANCO-RIVERA MINA CHANG ASSISTANT UNITED STATES ATTORNEY
JASON M. FRIERSON ACTING UNITED STATES ATTORNEY
JASON W. BARRUS COUNSEL FOR DEFENDANT POLANCO-RIVERA
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 Jason W. Barrus, Esq., counsel for defendant Edwin Jehovany Polanco-Rivera, that the Status Conference set for 11:30 a.m. on April 14, 2023 be vacated and that this case be closed.
This Stipulation is entered into for the following reasons:
1. On or about July 6, 2022, defendant Edwin Jehovany Polanco-Rivera 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. 8.
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. 8 at 2.
3. On July 6, 2022, this Court sentenced defendant pursuant to the parties' plea agreement. See ECF No. 7.
4. Since commencing his term of unsupervised probation, defendant has successfully completed conditions (i), (ii), (iii), and (iv). See Ex. A.
5. As such, the parties jointly request that the case to be closed.
ORDER
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds that:
1. Defendant Edwin Jehovany Polanco-Rivera has successfully completed the conditions of his sentencing.
ORDER
IT IS HEREBY ORDERED that the Status Conference currently scheduled for April 14, 2023 at 11:30 a.m. is vacated; and
IT IS FURTHER ORDERED that this case be closed.
EXHIBIT A
(Exhibit Omitted)