STIPULATION AND [PROPOSED] ORDER VACATING GUILTY PLEA AND DISMISSING INFORMATION.

DONNA M. RYU, Magistrate Judge.

Plaintiff United States of America, by and through its counsel of record, the United States Attorney for the Northern District of California and Special Assistant United States Attorney Samantha Schott, and defendant Avalon Brooks (defendant), by and through her counsel of record, hereby stipulate as follows:

1. On or about October 17, 2017, defendant Brooks pleaded guilty pursuant to a plea agreement to the sole count of the Information, Obstruction of Mail, in violation of 18 U.S.C. § 1701. Defendant Brooks signed a diversionary plea agreement providing for withdrawal of the guilty plea and dismissal of the charge if defendant successfully completed diversion and satisfied her community service obligation.

2. Defendant Brooks has successfully complied with the terms of the diversion agreement and has satisfied her community service obligations.

3. Defendant Brooks now moves to withdraw her guilty plea to the violation of 18 U.S.C. § 1701.

4. The government agrees that Defendant Brooks has successfully completed the terms of the diversion agreement and does not oppose Defendant's application to withdraw her guilty plea.

5. Upon the Court's withdrawal of Defendant's guilty plea, the government moves to dismiss the Information against Defendant Avalon Brooks for the reasons stated above and pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure.

[PROPOSED] ORDER

Good cause appearing, for the reasons stated above, the Court hereby orders that Defendant Avalon Brooks' guilty plea, entered on October 17, 2017, be WITHDRAWN.

Upon withdrawal of Defendant Brooks' guilty plea, the Court hereby GRANTS the government's motion to dismiss the Information against Defendant Avalon Brooks pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure.

The Information against Defendant Avalon Brooks is hereby DISMISSED.

IT IS SO ORDERED.