Opinion
2:21-mj-01036-BNW
08-24-2022
UNITED STATES OF AMERICA, Plaintiff, v. NICHOLAS VICTOR PRINCIPE, Defendant.
RENE L. VALLADARES Federal Public Defender Nevada State Bar No. 11479 RON SUNG Assistant Federal Public Defender Nevada State Bar No. 13047 Attorney for Nicholas Victor Principe JASON FRIERSON United States Attorney ANGELICA MARMORSTEIN Assistant United States Attorney
RENE L. VALLADARES
Federal Public Defender
Nevada State Bar No. 11479
RON SUNGAssistant Federal Public Defender
Nevada State Bar No. 13047
Attorney for Nicholas Victor Principe
JASON FRIERSON
United States Attorney
ANGELICA MARMORSTEIN
Assistant United States Attorney
STIPULATION TO AMEND COUNT ONE AND CLOSE CASE
BRENDA WEKSLER, UNITED STATES MAGISTRATE JUDGE
IT IS HEREBY STIPULATED AND AGREED, by and between Jason 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 Ron Sung, Assistant Federal Public Defender, counsel for Nicholas Principe, that the case be closed.
This Stipulation is entered into for the following reasons:
1. On December 16, 2021, Mr. Principe was charged in a two-count Complaint with (1) Operating a Motor Vehicle while Under the Influence of
Alcohol, (2) Operating a Motor Vehicle with a BAC of 0.08 Grams and Higher, and (3) Golf Cart Operations. ECF No. 1.
2. On February 23, 2022, Mr. Principe entered into a Petty Offense Plea Agreement with the government in which he agreed to plead guilty to Count One of the Complaint, Operating a Motor Vehicle while Under the Influence of Alcohol. ECF No. 10 at 1. The government agreed to dismiss Count Two, Operating a Motor Vehicle with a BAC of 0.08 Grams and Higher, and Count Three, Golf Cart Operations. Id. at 1-2.
3. The parties jointly agreed to recommend Mr. Principe be sentenced to unsupervised probation for one year, 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 DUI course and Victim Impact Panel; (iii) complete an 8-hour online alcohol awareness course; (iv) not return to Lake Mead for 6 months; and (v) not violate any local, state, or federal laws. ECF No. 10 at 23.
4. The parties further agreed that, if, after 6 months of unsupervised probation, Mr. Principe successfully completed special conditions (i), (ii), and (iii), and (iv), they would move to withdraw his guilty plea to Count One and the government would move to amend Count One to Reckless Driving, allow Mr. Principe to plead guilty to Reckless Driving, and apply the original sentence to the Reckless Driving conviction. ECF No. 10 at 3.
5. On February 23, 2022, this Court sentenced Mr. Principe pursuant to the plea agreement. ECF No. 11.
6. This Court ordered the parties to file a Proposed Stipulation by August 23, 2022, indicating that Mr. Principe has completed all outstanding sentencing obligations. ECF No. 11.
7. Mr. Principe has successfully completed conditions (i), (ii), (iii), and (iv). Accordingly, the parties jointly request Count One to be amended to Reckless Driving and for the case to be closed.
ORDER
IT IS SO ORDERED.