Opinion
8:21-cr-218-WFJ-AAS
10-05-2022
UNITED STATES OF AMERICA v. DARRIN TERRANOVA
ORDER
AMANDA ARNOLD SANSONE UNITED STATES MAGISTRATE JUDGE
Defendant Darrin Terranova requests a court order compelling the government to comply with a sentencing promise. (Doc. 593). The government responded to the motion (Doc. 605) and the court held a hearing today (Doc. 609). At the hearing, the parties agreed that the parties had a mutual understanding prior to the sentencing and the parties stand by that mutual understanding.
Accordingly, Mr. Terranova's motion is GRANTED in part and DENIED in part. The motion is granted only to the extent that the court held a hearing and the result of the hearing is that this order memorializes the parties' mutual understanding. Otherwise, the motion is denied.
The parties' mutual understanding is: (1) consistent with paragraph A.5. of the plea agreement, the government will recommend Judge Jung sentence Mr. Terranova within his applicable guidelines range as determined by Judge Jung; (2) Mr. Terranova, through counsel Ray Lopez, will request that Judge Jung sentence Mr. Terranova to a term of probation instead of a term of incarceration; and (3) based on the facts and circumstances Mr. Lopez can present on Mr. Terranova's behalf, the government will not oppose Mr. Terranova's request for a term of probation instead of a term of incarceration.
The government, Mr. Terranova, and Mr. Lopez indicated a desire to have Mr. Terranova's sentencing placed back on Judge Jung's calendar as soon as possible.
ORDERED.