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United States v. Lopez-Retamoza, 1:18-CR-00091-LJO. (2020)

Court: District Court, E.D. California Number: infdco20200131800 Visitors: 13
Filed: Jan. 30, 2020
Latest Update: Jan. 30, 2020
Summary: STIPULATION REGARDING DEFENDANT HUGO LEMUS'S WITHDRAWAL OF GUILTY PLEA LAWRENCE J. O'NEILL , District Judge . STIPULATION Plaintiff United States of America, by and through its counsel of record, Assistant United States Attorney Angela Scott, and defendant HUGO LEMUS, by and through defendant's counsel of record, Dan Harralson, hereby stipulate as follows: 1. On April 26, 2018, defendant was indicted for crimes related to the distribution of methamphetamine. Doc. 30. 2. On October 21, 20
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STIPULATION REGARDING DEFENDANT HUGO LEMUS'S WITHDRAWAL OF GUILTY PLEA

STIPULATION

Plaintiff United States of America, by and through its counsel of record, Assistant United States Attorney Angela Scott, and defendant HUGO LEMUS, by and through defendant's counsel of record, Dan Harralson, hereby stipulate as follows:

1. On April 26, 2018, defendant was indicted for crimes related to the distribution of methamphetamine. Doc. 30.

2. On October 21, 2019, defendant pleaded guilty to Count One of the indictment — conspiracy to possess with intent to distribute, and distribute methamphetamine, in violation of 21 U.S.C. § 846, 841(a)(1), (b)(1)(A).

3. On January 22, 2019, defendant's Pretrial Services Officer informed the government that he has abided by the terms and conditions of his pretrial release and has performed well.

4.

5. By this stipulation, defendant now moves to withdraw the guilty plea he entered on October 21, 2019. The parties anticipate that defendant will enter a plea to an information that the government will file today.

6. In the interest of justice, and in light of potentially exculpatory information that the government obtained after the entry of defendant's guilty plea, the government supports defendant's request.

IT IS SO STIPULATED.

Dated: January 24, 2020 McGREGOR W. SCOTT United States Attorney /s/ANGELA L. SCOTT ANGELA L. SCOTT Assistant United States Attorney Dated: January 24, 2020 /s/per email authorization DANIEL HARRALSON Counsel for Defendant HUGO LEMUS

ORDER PERMITTING DEFENDANT HUGO LEMUS's WITHDRAWAL OF GUILTY PLEA

Pursuant to the parties' stipulation and for good cause shown, the Court hereby GRANTS defendant HUGO LEMUS's request to withdraw the guilty plea defendant entered in this matter on October 21, 2019, to Count One of the Indictment (conspiracy to possess with the intent to distribute and to distribute methamphetamine, in violation of 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(A)).

IT IS SO ORDERED.

Source:  Leagle

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