ORDER ACCEPTING UNSUPERVISED PRE-TRIAL DIVERSION AGREEMENT

JOHN T. RODGERS, Magistrate Judge.

Upon consideration of the parties' Unsupervised Pre-Trial Diversion Agreement, and being fully advised of the facts and circumstances of this case, the Court finds the Defendant has agreed to comply with the terms and conditions of the Unsupervised Pre-Trial Diversion Agreement; that the Court finds the Defendant has acknowledged the admissibility of the stipulated facts and law enforcement reports in any criminal hearing on the underlying offense or offenses held subsequent to revocation of the order granting pre-trial diversion; that the Defendant's statements were made knowingly and voluntarily; and that the Defendant has knowingly and intelligently waived her Constitutional and statutory rights to a speedy trial, to question those witnesses against her, to call witnesses on her behalf, and to present evidence or a defense at trial.

NOW THEREFORE, IT IS HEREBY ORDERED:

1. The Defendant is accepted for unsupervised pre-trial diversion;

2. The Defendant shall comply with all the terms and conditions as set forth in the Unsupervised Pre-Trial Diversion Agreement;

3. If the Court finds that the Defendant violated any term of the Unsupervised Pre-Trial Diversion Agreement, the Court shall make findings pursuant to the procedures outlined in the Agreement.

UNSUPERVISED PRE-TRIAL DIVERSION AGREEMENT

Plaintiff, United States of America, by and through MICHAEL C. ORMSBY, United States Attorney for the Eastern District of Washington, Tyler H. L. Tornabene, Assistant United States Attorney, and Abra Belke, Petty Offense Law Clerk, and Defendant SAMANTHA J. HEATH, the Defendant's counsel, Meredith Esser agree to the agree to the following Unsupervised Pre-Trial Diversion Agreement ("Agreement").

CHARGES AND POTENTIAL OUTCOMES

The Defendant is before the Court currently charged by citation (ECF. 1, Violation Number 3657264) for Possession of Narcotics on Federal Property in violation of 41 C.F.R. § 102-74.400(a).

If a conviction occurs, the Defendant understands she will be subject to a sentencing which may include up to 30 days imprisonment and/or a $5,000 fine, a $5 special assessment, a $25 CVB fee, and a sentence of probation of not more than 5 years.

Understands that she is entitled to a trial that would determine whether the United States could prove her guilty of the instant charge beyond a reasonable doubt. She does hereby, voluntarily and with knowledge of the above rights, waive her right to a trial of this case by the Court.

By entering into this Agreement I understand that I am knowingly, intelligently, and voluntarily, waiving these rights.

AGREED TO FACTUAL BACKGROUND

The United States and the Defendant stipulate and agree that the following facts are truthful and accurate and form a sufficient basis for a finding of guilt for Possession of Narcotics on Federal Property in violation of 41 C.F.R. § 102-74.400(a); that the United States could prove these facts beyond a reasonable doubt at trial; and that these facts can be used as a basis for making findings and entry of judgment per the terms of this Agreement.

On February 23, 2015, in the Eastern District of Washington, the Defendant entered the Social Security Administration Building at 714 N Ironbridge Way, Spokane WA 99202 and proceeded through an administrative inspection for weapons and bomb-making materials. During the inspection of the Defendant's purse, Protective Security Officer Hamley found that the Defendant possessed a pipe and a small, glass jar containing "a green leafy substance." Officer Hamley called Officer Stephen Yewcic who explained to the Defendant that it was illegal to possess marijuana on federal property, and asked the Defendant if she possessed any other "illegal items" and she responded, "no." Officer Yewcic catalogued and photographed the pipe and the glass jar containing the "leafy green substance." He later tested the substance, which tested positive for the presence of marijuana.

WHAT DEFENDANT PROMISES TO DO

1. Defendant shall pay a fine of $225.00 payable by check or money order to the Central Violations Bureau, P.O. Box 71363, Philadelphia, PA 19176-1363 (or payable online at www.cvb.uscourts.gov). The payment shall reference violation number 3657264 and may be paid in installments of no less than twenty-five dollars per month until paid in full.

2. The Defendant agrees to pay the $25 mandatory CVB fee to the Central Violations Bureau, at or before or immediately after the entry of this agreement, and shall provide a receipt from the CVB to the United States as proof of this payment.

3. The Defendant shall not violate, be charged with or convicted of any criminal violations under federal, state, or local law before this cause is dismissed without prejudice, or judgment is entered, per the terms of this Agreement. Civil and Non-Criminal Traffic Infraction violations will not constitute a violation of this Agreement.

4. Agrees to report any potential violation of the conditions listed below to the United States Attorney's Office for the Eastern District of Washington through her attorney within one (1) business day of the potential violation. This communication should be done by telephone to (509) 353-2767.

WHAT THE UNITED STATES AGREES TO DO

If the Defendant complies with all the obligations mentioned above, no additional prosecution for conduct in the Factual Background will be instituted in the Eastern District of Washington and the United States agrees to dismiss the charge(s) without prejudice.

BOTH PARTIES AGREE TO THE FOLLOWING PROCESS

1. The United States and the Defendant agree that this case shall be continued until October 21, 2015, and thereafter dismissed, without prejudice upon motion by the United States, provided the Defendant abides by all the conditions and requirements herein outlined.

2. Understands that if she fails or neglects to comply with any part of the terms and conditions of the Agreement, then the Court will hold a hearing to determine whether judgment should be entered as charged for Possession of Narcotics on Federal Property in violation of 41 C.F.R. § 102-74.400(a). After the hearing, the Court will either order that Defendant continue with the conditions of her unsupervised pre-trial diversion, order additional conditions, or be removed from pre-trial diversion and enter judgment on the charges.

3. Should there be a violation of the terms of this Agreement, however, and the Agreement is revoked, a conviction for the charged offenses may be imposed pursuant to the procedures outlined herein. If a conviction occurs, the Defendant understands she will be subject to a sentencing which may include up to 30 days imprisonment and/or a $5,000 fine, a $5 special assessment, a $25 CVB fee, and a sentence of probation of not more than 5 years.

4. Agrees that if the Court revokes the order granting this unsupervised pre-trial diversion, the facts from the Factual Background above as well as Incident Report Number D15001697, authored by Officer Stephen G. Yewcic, and any attachments thereto, will be admissible as evidence to be used to support a finding of guilt when the Court enters judgment. Defendant understands that by agreeing to this process, she is giving up certain Constitutional rights and evidentiary safeguards. She specifically acknowledges that she is giving up the right to a trial, the right to testify or not to testify, the right to question witnesses, the right to call witnesses on her own behalf, and the right to present evidence or a defense.

DEFENDANT'S ACKNOWLEDGEMENT

By entering into this Agreement I understand that I am knowingly, intelligently, and voluntarily, waiving these rights. I further understand that by continuing these charges until October 21, 2015, I am agreeing to follow the procedures outlined in this Agreement.

I, SAMANTHA J. HEATH, hereby state that I have read this document in its entirety. I understand the conditions of my unsupervised pre-trial diversion and agree that I will comply with those conditions.