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United States v. Robles

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Mar 14, 2013
No. CR-04-20027 RMW (N.D. Cal. Mar. 14, 2013)

Opinion

No. CR-04-20027 RMW

03-14-2013

UNITED STATES OF AMERICA, Plaintiff, v. MARIO VILLEGAS ROBLES, Defendant.

STEVEN G. KALAR Federal Public Defender VARELL L. FULLER Assistant Federal Public Defender Counsel for Defendant VILLEGAS ROBLES JOSEPH P. FAZIOLI Assistant United States Attorney JUAN RAMIREZ United States Probation Officer


STEVEN G. KALAR
Federal Public Defender
VARELL L. FULLER
Assistant Federal Public Defender
Counsel for Defendant VILLEGAS ROBLES

STIPULATION AND [PROPOSED]

ORDER VACATING MARCH 18, 2013,

STATUS HEARING AND TERMINATING

SUPERVISED RELEASE


STIPULATION

Defendant Mario Villegas-Robles, by and through Assistant Federal Public Defender Varell L. Fuller, and the United States, by and through Assistant United States Attorney Joseph Fazioli, hereby stipulate that, with the Court's approval: (1) the status hearing currently set for Monday, March 18, 2012, at 9:00 a.m., shall be vacated; and (2) the defendant's supervised release shall be terminated, based upon his stipulated admission to Charge One of the Form 12, waiver of revocation hearing in accord with Fed. R. Crim. P. 32.1, the defendant's successful participation in drug treatment, and the joint request of the parties.

In support of this request, Mr. Villegas-Robles waives his right to a revocation hearing in accord with Fed. R. Crim. P. 32.1, and hereby stipulates and admits as follows:

On December 4, 2012, during a home contact, the defendant submitted a drug test, Specimen Number CO 1288260, which tested presumptive positive for amphetamines and methamphetamine, in violation of standard condition number seven that the defendant refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substances or any paraphernalia related to a controlled substance, except as prescribed by a physician.

The parties further stipulate that Mr. Villegas-Robles's term of supervised release would have expired on January 13, 2013, but for the December 4, 2012, violation, and the defendant has made significant progress in substance abuse treatment since the violation and is presently participating in community based services. Accordingly, the parties jointly request, based upon Mr. Villegas-Robles's admission to Charge One and waiver of revocation hearing, that the Court terminate Mr. Villegas Robles's term of supervision and vacate the March 18, 2013, hearing date.

IT IS SO STIPULATED.

________________________

VARELL L. FULLER

Assistant Federal Public Defender

________________________

JOSEPH P. FAZIOLI

Assistant United States Attorney

________________________

JUAN RAMIREZ

United States Probation Officer

________________________

Mario Villegas Robles

Defendant

[Proposed] ORDER

GOOD CAUSE APPEARING, upon stipulation of the parties, IT IS HEREBY ORDERED that: (1) the status hearing set for March 18, 2013, is hereby vacated; and (2) based upon the defendant's stipulated admission to Count One of the Form 12 and waiver of his right to a revocation hearing in accord with Fed. R. Crim. P. 32.1, the defendant's supervised release is hereby terminated.

IT IS SO ORDERED.

________________________

The Honorable Ronald M. Whyte

United States District Court Judge


Summaries of

United States v. Robles

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Mar 14, 2013
No. CR-04-20027 RMW (N.D. Cal. Mar. 14, 2013)
Case details for

United States v. Robles

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. MARIO VILLEGAS ROBLES, Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Date published: Mar 14, 2013

Citations

No. CR-04-20027 RMW (N.D. Cal. Mar. 14, 2013)