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U.S. v. Gaona, CR15-0032RAJ. (2016)

Court: District Court, D. Washington Number: infdco20170105e64 Visitors: 2
Filed: Dec. 09, 2016
Latest Update: Dec. 09, 2016
Summary: ORDER TERMINATING DEFENDANT'S PARTICIPATION IN DREAM PROGRAM, DISMISSING CRIMINAL CHARGES, AND ORDERING RESTITUTION BASED ON SUCCESSFUL COMPLETION OF DREAM PROGRAM RICHARD A. JONES , District Judge . On August 20, 2015, the above-named defendant entered guilty pleas to counts 1, 5, and 14 of the indictment pursuant to a plea agreement authorizing post-plea/pre-adjudication to enable the defendant's participation in the Drug Reentry Alternative Model (DREAM) program. A United States District
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ORDER TERMINATING DEFENDANT'S PARTICIPATION IN DREAM PROGRAM, DISMISSING CRIMINAL CHARGES, AND ORDERING RESTITUTION BASED ON SUCCESSFUL COMPLETION OF DREAM PROGRAM

On August 20, 2015, the above-named defendant entered guilty pleas to counts 1, 5, and 14 of the indictment pursuant to a plea agreement authorizing post-plea/pre-adjudication to enable the defendant's participation in the Drug Reentry Alternative Model (DREAM) program. A United States District Judge accepted the plea and maintained jurisdiction to enable defendant's participation in the DREAM program under which program defendant's compliance with the terms of supervision is overseen by the DREAM Executive Review Team.

Also on August 20, 2015, the defendant agreed to pay restitution to the victim of her criminal conduct. A balance remains payable. In the defendant's plea agreement referenced above, the defendant agreed that if any restitution shall be due and payable immediately and shall be paid in accordance with a schedule of payments as ordered by the Court.

The DREAM Executive Review Team, including the undersigned United States District Judge, has determined that defendant has successfully completed the DREAM program and therefore should receive the benefits specified in defendant's plea agreement. Therefore, based on defendant's successful completion of the DREAM program, in accordance with the terms of defendant's plea agreement:

IT IS HEREBY ORDERED that defendant's participation in the DREAM program is terminated.

IT IS FURTHER ORDERED that the defendant individually shall continue to make restitution payments through the clerk of the court in an amount of no less than $50 per month until the restitution obligation is satisfied as detailed in a separate order from this Court. This Court shall retain jurisdiction to determine whether defendant has complied with its order regarding payment of restitution and to punish any failure by defendant to comply with this order as contempt of court.

IT IS FURTHER ORDERED that pursuant to Federal Rule of Criminal Procedure 11(d)(2)(B), on defendant's request, a fair and just reason having been demonstrated by defendant's successful completion of the DREAM program, that defendant's guilty plea is withdrawn.

FURTHERMORE, IT IS ORDERED that pursuant to Federal Rule of Criminal Procedure 48(a), on motion of the government, good cause having been shown by defendant's successful completion of the DREAM program, that the criminal charges against defendant in the above-captioned case are dismissed with prejudice.

Source:  Leagle

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