JOINT STIPULATIONS AND WAIVER FOR BENCH TRIAL

IT IS HEREBY STIPULATED by Carolyn Silane, Special Assistant United States Attorney, and Susan Badger, Assistant United States Attorney, on behalf of the United States of America, and the defendant Rodolfo Ponce Ibarra, by and through his attorneys of record, Assistant Federal Public Defenders Candis Mitchell and Elizabeth Falk, that the following facts are uncontested and admitted by the defendant in anticipation of the bench trial currently set before this Court on February 4, 2013.

I. WAIVER OF RIGHTS

Pursuant to Federal Rule of Criminal Procedure 23, the defendant, Rodolfo Ponce Ibarra, waives his right to a jury trial and the government consents to have the Court conduct the trial in this case.

Mr. Ponce Ibarra waives his right to testify and to call any witnesses on his own behalf, and he submits the matter for decision by the Court based on the factual stipulations below.

II. STIPULATIONS

Defendant Ponce Ibarra, and the United States, by and through counsel, hereby stipulate to the following facts:

1. Mr. Ponce Ibarra is not, and has never been, a citizen or national of the United States.

2. Mr. Ponce Ibarra was deported and removed from the United States on May 22, 1990, November 15, 1990, December 17, 1991, February 12, 1993, July 9, 2005, and October 1, 2009.

3. After October 1, 2009, Mr. Ponce Ibarra knowingly and voluntarily entered the United States.

4. After entering the United States, Mr. Ponce Ibarra knew that he was in the United States and knowingly remained.

5. On or about August 17, 2010, Mr. Ponce Ibarra was found in the United States by officials of Immigration and Customs Enforcement.

6. Mr. Ponce Ibarra never obtained the consent of the Attorney General or the Secretary of the Department of Homeland Security to reapply for admission into the United States.

7. The fingerprint impression on the Warning to Alien Ordered Removed or Deported (Form 1-294), executed on or about July 5, 2005, belongs to Mr. Ponce Ibarra. (Exhibit 1).

8. The fingerprint impression on the Warrant of Removal (Form 1-205) executed on or about July 9, 2005, belongs to Mr. Ponce Ibarra. (Exhibit 2).

9. The fingerprint impression on the Warrant of Removal (Form 1-205) executed on or about October 1, 2009, belongs to Mr. Ponce Ibarra. (Exhibit 3).

10. Mr. Ponce Ibarra knowingly and voluntarily provided the answers contained in the sworn statement that he signed on or about March 13, 2012. (Exhibit 4).

11. The parties stipulate and agree that Exhibits I through 4 referenced above, and attached hereto, are true and correct copies of what they purport to be and are admissible as evidence at trial.

SO STIPULATED:

I have fully explained to my client the trial stipulations, numbered I through 11, above. In my opinion, my client understands each trial stipulation and the consequences of stipulating and agreeing to them. Based on the information now known to me, my client's decision to enter into each of the factual stipulations above is knowing and voluntary.