Attorneys for Plaintiff United States of America 7 UNITED STATES DISTRICT COURT. 10UUNITED STATES OF AMERICA, Case No. ISC(.

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1 111LAURA E DUFFY United States Attorney 211SHERR WALKER HOBSO Assistant U.S. Attorney 311Caifornia Bar No Office of the U.S. Attorney Front Street, Room 623 San Diego, CA Teephone (61) f 611Attorneys for Paintiff United States of America 7 8 UNTED STATES DSTRCT COURT SOUTHERN DSTRCT OF CALFORNA UUNTED STATES OF AMERCA, Case No. SC(. Lst; 11 Paintiff, PLEA AGREEMENT. (Fast-Track) 12 v. 13 EVELO PADLLA-ZEPADA, 14 Defendant. 15~ ~ 16 T S HEREBY AGREED between the paintiff, UNTED STATES OF 17 AMERCA, through its counse, Laura E. Duffy, United States Attorney, 18 and Sherri Waker Hobson, Assistant United States Attorney, and 1 defendant, Eveio Padia-Zepada, with the advice and consent of Manua Ramirez, counse for defendant, as foows: 28 njacl:m:81815 Def. nitias~ - -

2 A. THE CHARGE THE PLEA Defendant agrees to waive ndictment and pead guity to a \ f. 5 singe-count nformation charging defendant with: On or about Apri 25, 2015, within the Southern District of Caifornia, defendant Eveio Padia-Zepeda, did knowingy and intentionay possess, with intent to distribute, a mixture and substance containing a detectabe amount of cocaine, a Schedue Controed Substance; in vioation of Tite 21, United States Code, Section 841(a) (1). B. EARLY DSPOSTON (FAST-TRACK) PROGRAM 11 The disposition contempated by this pea agreement is pursuant 12 to an eary disposition (Fast-Track) program authorized by the 13 Attorney Genera of the United States and the United States Attorney 14 for the Southern District of Caifornia Defendant agrees further that, foowing entry of defendant's 16 guity pea, the Government need not hod or preserve any evidence 17 seized in connection with this case. With respect to any controed 18substance seized in connection with this case, defendant agrees that, 1 foowing entry of defendant's guity pea, the Government need not 20preserve, and may destroy, the controed substance ' thirty (30) days 2after the Government has provided defendant with the aboratory 22 anaysis report. f defendant beieves that additiona testing is 231needed, defendant wi arrange for, and compete, such testing within 24 the above-referenced thirty ( 30) day period, unes s that period is 25extended by joint written agreement between the partfes or by order of 26 the Court, in which case the Government sha preserve the controed 27 substance for 28 Furthermore, if the agreed-upon or judiciay mandated period;. the court has issued a preser.v atron orde~ 2 Def. nitias~ _K_cR J~ ~

3 1 connection with any seized evidence, the defendant agrees to jointy 2request that the Court ift or revoke the preservation order foowing 3entry of defendant's guity pea. 4 c. FORFETURE 511 The defendant further agrees to the administrative and/or civi 6forfeiture of a properties seized in connection with this case which 7 the defendant agrees are subject to forfeiture to the United States 8pursuant to Tite 21, United States Code, Section 881. The defendant further waives his/her right to receive timey notice of administrative forfeiture as set forth in 18 U.S.C. ~ 83(a) and waives receipt of a notice of forfeiture in this and a other 12administrative and civi proceedings. Defendant waives and discaims 13 defendants' interest, if any, in the properties to be forfeited as 14 described above. Defendant further agrees not to contest or to assist 15any other person or entity in contesting the forfe1ture of the 16property(ies) seized in connection with this case A. ELEMEN''S EXPLANED NATURE OF THE OFFENSE 20 Defendant understands that the offense to which 'defendant is 21peading guity has the foowing eements: Defendant knowingy possessed cocaine; and Defendant possessed the cocaine with the intent to deiver it to another person. 25 B. ELBMEN'rS UNDERSTOOD AND ADMTTED - FACTUAL BASS 2611 Defendant has fuy discussed the facts of this case with defense 27 counse. 28 Defendant has committed each of the eements of the crime, 3 Def. nitias ~) JLCR /J$' ---

4 111 and admits that there is a factua basis for this guity pea. The 2foowing facts are true and undisputed: That on or about Apri 25, 2015, defendant entered the south cana bank of the A-American cana in Caexico through an underground tunne from Mexico into the United States. Defendant was wearing scuba gear. That at the time tunne, defendant packages. he entered the cana through the was carrying cocaine in mutipe That at the time he entered the cana through the tunne, defendant knew that he possessed cocaine and intended to use his scuba gear to transport the cocaine in the cana and underwater to another ocation in the A-American cana. 12 PENALTES 1311 Defendant understands that the crime to which defendant is 1411Peading guity carries the foowing penaties: A. B. c. D. A maximum 20 years in prison; A maximum $1,000,000 fine; A mandatory specia assessment of $0.00 per count; and A term of supervised reease of at east 3 years and up to ife. Defendant understands that faiure to compy with any of the conditions of supervised reease may resut in revocation of supervised reease, requiring defendant to serve in prison, upon any such revocation, a or part of the statutory maximum term of supervised reease for the offense that resuted in such term of supervised reease; and E. Possibe ineigibiity for certain Federa benefits. V DEFENDANT'S WAVER OF TRAL RGHTS Defendant understands that this guity pea waives the right to: A. Continue to pead not guity and require the Government to prove the eements of the crime beyond a re.asonabe doubt; 28 B. A speedy and pubic tria by jury; 4 Def nitias ~ j_ CR /Jr(' ~

5 1 c. 2 D. 3 E. 4 F. 5 The assistance of counse at a stages of tria; Confront and cross-examine adverse witnesses; Testify and present evidence and to have witnesses testify on behaf of defendant; and Not testify or have any adverse inferences drawn from the faiure to testi fy. 6 V 7 DEFENDANT ACKNOWLEDGES NO PRETRAL UGHT TO BE PROVDED WTH MPEACHMENT AND AFFRMATVE DEFENSE NFORMATON 8 The Government represents that any information estabishing the factua innocence of defendant known to the undersigned prosecutor in this case has been turned over to defendant. The Government wi 11 continue to provide such information estabishing the factua innocence of defendant. Defendant understands that, if this case proceeded to tria, the 14 Government woud be required to provide impeachment information reating to any informants or other witnesses. n addition, if i i 1 J :~ 18 defense. Defendant acknowedges, however, that by peading guity 1 defendant wi not be provided this information, if ~ny, ~nd defend~nt 20 aso waives the right to this information. Finay, defendant agrees not to attempt to withdraw the guity pea or to fie a attack based on the existence of this information. coatera 23 V DEFENDANT' S REPRESENTATON THAT GULTY PLEA S KNOWNG AND VOLUNTARY Defendant represents that: A. Defendant has had a fu opportunity to ~ discuss a the facts and circumstances of this case with defense counse, 5 De~. n~tia-s!~ ~CR /Jrs.

6 B. c. and has a cear understanding of the charges and the consequences of this pea. Defendant understands that, by peading guity, defendant may be giving up, and rendered ineigibe to receive, vauabe government benefits and civic rights, such as the right to vote, the right to possess a firearm, the right to hod office, and the right to serve on a jury. Defendant further understands that the conviction in this case may subject defendant to various coatera consequences, incuding but not imited to deportation, remova or other adverse immigration consequences; revocation of probation, paroe, or supervised reease in another case; debarment from government contracting; and suspension or revocation of a professiona icense, none of which wi serve as grounds to withdraw defendant's guity pea; No one has made any promises or offered any rewards in return for this guity pea, other than those contained in this agreement or otherwise discosed to the court; No one has threatened defendant or defendant's famiy to induce this guity pea; and 12 D. Defendant is peading guity because in truth and in f~ct defendant is guity and for no other reason. 13 V 14 AGREEMENT LMTED TO 0. S. ATTORNEY' S OFFCE 1511 SOUTHERN DSTRCT OF CALFORNA 1611 This pea agreement is imited to the United states Attorney's Office for the Southern District of Caifornia, and cannot bind any 18 other federa, state or oca prosecuting, administrative, or 1 reguatory authorities, athough the Government wi bring this pea 20 agreement to the attention of other authorities if requested by the 2111 defendant. 22 V 2 3 APPLCABLTY OF SENTENCNG GUDELNES Defendant understands the sentence imposed wi be based on the 2511factors set forth in 18 U.S.C. 3553(a). Defendant understands 2611 further that, in imposing the sentence, the sentencing judge must 27consut the United States Sentencing Guideines (Guideines) and take 2 8 them into account. Defendant has discussed the. Gui deines with 6 Def. nitias ~CR3r(

7 defense counse and understands that the Guideines are ony advisory, 211not mandatory, and the court may impose a sentence more severe or ess 3severe than otherwise appicabe under the Guideines, up to the 4 maximum in the statute of conviction. Defendant understands further 1 ; i i! Sthat the sentence cannot be determined unti a presentence report has 6been prepared by the U.S. Probation Office and defense counse and the 711Government has had an opportunity to review and chaenge the 8 presentence report. Defendant agrees to request that a presentence report be prepared. Nothing in this pea agreement sha be construed 11 as imiting the Government's duty to provide compete and accurate facts to the district court and the U.S. Probation Office. 12 X 13 SENTENCE S WTHN SOLE DSCRETON OF JUDGE This pea agreement is made pursuant to Federa Rue of Crimina 1511 Procedure 11 (c) (1) (B). Defendant understands that the sentence is 16 within the soe discretion of the sentencing judge. The Government 1711has not made and wi not make any representation as to what sentence 18 defendant wi receive. Defendant understands that the sentencing 1judge may impose the maximum sentence provided by statute, and is aso 20aware that any estimate of the probabe sentence by defense counse is 2111a prediction, not a promise, and is not binding on the Court. 2211Likewise, the recommendation made by the Government -is not binding on the Court, and it is uncertain at this time what defendant's sentence { 24 wi be. Defendant aso has been advised and understands that, if the 25sentencing judge does not foow any of the parti~~~ sentencin~ 26 recommendations, defendant nevertheess has no right to withdraw the 27 pea Def. nitia~.12_ CR & 7-("

8 1 X 2 PARTES' SENTENCNG RECOMMENDATONS 3 A. SENTENCNG GUDELNE CALCULATONS 4 Athough the parties understand that the Guideines are ony 5 advisory and just one of the factors the court wi consider under U.S.C. 3553(a) in imposing a sentence, the parties wi jointy 7 recommend the foowing Base Offense Leve, Specific Offense BCharacteristics, Adjustments and Departures (if appicabe), based on the November 1, 2014 guideines: 1. Base Offense Leve [USSG 2D. 1] 32* Safety Vave (if appicabe) -2** [ 201.1(b) (17) and 5C. 2] 3. Acceptance of Responsibiity [ 3E1.1] Departure for Fast Track [ 5K3.1] -4*** *The parties agree that, if defendant is determined to be a career offender pursuant to USSG 4B. (a), the.. appicabe base offense eve sha be determined pursuant to USSG 4B.(b). Furthermore, the defendant wi be ineigibe for any roe reduction. **f defendant truthfuy discoses to the government a information and evidence the defendant has concerning the offense and reevant conduct, and if defendant otherwise quaifies for the "safety vave" in under SC. 2, the government wi recommend a two-eve reduction 2D. (b) (17) and reief from any statutory '.mandatory minimum sentence pursuant to 5C.2. Defendant understands that, if he/she does not quaify under SC. 2, defendant may be.. subject to a statutory mandatory minimum sentence. ***The Government reserves the right to reduce its recommended departure if defendant does not proceed to sentencing on the first 8 Oef.. nitias~g~) _j _ c R r.~ "t 5"

9 111 date set by the Court, uness the parties agree to a continuance or 2sentencinq is continued on the Court's own motion. 3 B. ACCEPTANCE OF RESPONSBLTY 4 11 Notwithstanding paragraph A. 2. above, the Government wi not 5recommend any adjustment for Acceptance of Responsibiity if defendant 6materiay breaches this pea agreement by any of the foowing: c Fais to truthfuy admit a compete factua basis for the pea at the time it is entered; Denies invovement in the offense, statements about that invovement, with the Court or probation officer; gives conficting or is untruthfu 3. Fasey denies prior crimina conduct or convictions; 4. Fais to appear in court; 5. Engages in additiona crimina conduct; 6. Attempts to withdraw the pea; 7. Fais to abide by any awfu court order; or 8. Contests or assists any third party in contesting the forfeiture of property(ies) seized or forfeited ' in connection with this case. FURTHER ADJOSTMBN'rS AND SENTENCE REDUCTONS NCLUDNG THOSE UNDER 18 U.S.C The parties agree that defendant may request or recommend additiona downward adjustments, departures, or sentence reductions 2111 under 18 U.S. C The Government may oppose any such downward 22adjustments, departures and sentence reductions not set forth in 231Section X, paragraph A above. 24 D. NO AGREEMENT AS TO CRMNAL HSTORY CATEGORY 2511 The parties have no agreement as to defendant's Crimina History 2 6 Category, except that, if de fen dan t is determined to be a Career Offender, the parties agree that the defendant is automaticay a 28 Crimina History Category V pursuant to USSG 4B.1 (b). Def. nitia~ 1 'cr r ~ :rr

10 1 E. "FACTUAL BASS" AND "RELEVANT CONDUCT" NFORMATON 2 11 The parties agree that the facts in the ~factua basis" paragraph 3of this agreement are true, and may be considered as ~reevant 4 conduct" under USSG 1B1.3 and as the nature and circumstances of the Soffense under 18 U.S.C. 3553(a) (1). 6 F. PARTES' RECOMMENDATONS REGARDNG CUSTODY 711 The Government wi recommend that defendant be sentenced to the Biow end of the advisory guideine range as cacuated by the 11Government pursuant to this agreement. G. SPECAL ASSESSMENT 1111 The parties wi jointy recommend that defendant pay a specia assessment in the amount of $0. 00 to be paid forthwith at time of 13 sentencing. The specia assessment sha be paid through the office 14 of the Cerk of the District Court by bank or cashier's check or money 15order made payabe to the ~cerk, United States District Court." 16 B. SUPERVSED RELEASE 1711 The Government is free to recommend a period of supervised 18reease. f the Court imposes a term of supervised reease, defendant 111 agrees that he/she wi not ater seek to reduce or terminate eary 20the term of supervised reease unti he/she has served at east 2111 two-thirds of his/her term of supervised reease and has fuy paid 22and satisfied any specia assessments, fine, cr~~in~ forfeit~re 23judgrnent and restitution judgment. 24. MMGRATON CONSEQUENCES 25 Defendant recognizes that peading guity may have consequences 26with respect to his/her immigration status if he/she is not a citizeri 27of the United States. Under federa aw, a broad range of crimes are 28 removabe offenses, incuding the offense ( s) to which ' defendant is Def. nitias t - r &o --1 _u_~h f?.f j "'""

11 1 11 peading guity. Remova and other immigration consequences are the 2 11 subject of a separate proceeding, however, and defendant understands 3 that no one, incuding his/her attorney or the district court, can 4 predict to a certainty the effect of his/her conviction on his/her 5 immigration status. Defendant nevertheess affirms that he/she wants Gto pead guity regardess of any immigration consequences that 7 his/her pea may entai, even if the consequence is his/her automatic 8 remova from the United States. 11 X DEFENDANT WAVES APPEAL AND COLLATERAL ATTACK 1111 n exchange for the Government's concessions in this pea 12agreement, defendant waives, to the fu extent of the aw, any right 13 to appea or to coateray attack the conviction and any awfu 14 restitution order, except a post-conviction coatera attack based ori 1511a caim of ineffective assistance of counse. Defendant aso waives, 16to the fu extent of the aw, any right to appea or to' coateray attack the sentence uness the Court: ( 1) denies defendant's request 18 for a minor roe reduction pursuant to USSG 3B1.2(b), in which case 1 defendant may ony appea the denia of minor roe; or '(2) imposes a 2011custodia sentence above the high end of the guideine range (pursuant 2111 to USSG 5G1. 1) as cacuated by the Government at the time of 2211sentencing. However, the Government wi be free to support on appea 231the sentence actuay imposed. f defendant beieves the Government's 24 recommendation is not in accord with this agreement, defendant wi 25 object at the time of sentencing; otherwise the objection wi be 2611deemed waived f defendant breaches this pea agreement, at any time, in any 28 way, incuding, but not imited to, the reasons set forth in 11 Def. nitias,~ _CR (? 7C...

12 t iisection X.B. above, or, appeaing or coateray attacking the 2conviction or sentence, the Government may prosecute defendant for any 3counts, incuding those with mandatory minimum sentences, dismissed or 4 not charged pursuant to this pea agreement. Additionay, the 5 Government may use any factua admissions made by defendant pursuant Gto this pea agreement in any such prosecution. 711 X 8 CUMBS AFTER AUmST OR BREACH OF THE AGREEMENT WLL PERMT THE GOVERNMENT TO RECOMMEND A HGHER SENTENCE OR SET ASDE THE PLEA 11 This pea agreement is based on the understanding that, prior to 1111 defendant's sentencing in this case, defendant has not committed or 12 been arrested for any offense not known to the Government prior to 13 defendant's sentencing. This pea agreement is further based on the understanding that defendant has committed no crimina conduct since 15 defendant's arrest on the present charges, and that defendant wi 16commit no additiona crimina conduct before sentencing. f defendant 17 has engaged in or engages in addi tiona! crimina conduct during this 18 period, or breaches any of the terms of any agreement with the 111Government, the Government wi not be bound by the recommendations in 20this pea agreement, and may recommend any awfu sentence. n 2addition, at its option, the Government may move to s et aside the 22 pea. 23 X 24 ENTRE AGREEMENT i! j t 25 This pea agreement embodies the entire agreement between the 26 parties and supe-rsedes any other agreement, written or ora Def. nitias.,, -*=! _S_ CR ( 1 ~ S " - -

13 111 XV \ 2 MODFCATON OF AGREEMENT MUST BE N WRTNG 311 No modification of this pea agreement sha be effective uness 4in writing signed by a parties. 5 ~ 6 DEFENDANT AND COUNSEL FULLY UNDERSTAND AGREEMENT 711 By signing this agreement, defendant certifies that defendant has 8read it (or that it has been read to defendant in defendant's native anguage). Defendant has discussed the terms of this agreement with defense counse and fuy understands its meaning and effect. 11 ~ 12 DEFENDANT SATSFED WTH COUNSEL 1311 Defendant has consuted with counse and is satisfied with 14 counseis representation. This is defendant's independent opinion, 15 and his/her counse did not advise him/her about what to say in this 16 regard Respectfuy submitted, LAURA E. DUFFY United States Attorney 20 DATED ~ DATE~ 24 SHERR WALKER HOBSON Assistant/ U ~torney ~~ ~R~ Defense Counse Def. nitias (f!j:22_. _&_ CR /,{ "1.

14 .. \ 111 N ADDTON TO THE FOREGONG PROVSONS TO WHCH AGREE, SWEAR UNDER PENALTY OF PERJURY THAT THE FACTS N THE "FACTUAL BASS" 2 PARAGRAPH ABOVE ARE TRUE. 3 4 DATED d;?_ff r-. Rev. /16/14:PSC:jam v ~~v e L i a Po.o~ r G. E LO PADLLA-ZEP DA Defendant Def. nitia~ i.._ cr urs

15 J,., i! ' ' i! 1 j ' 7 8 UNTED STATES OF AMERCA, 11 Paintiff, 1211 v. 13 EVELO PADLLA ZEPEDA UNTED STATES DSTRCT COURT SOUTHERN DSTRCT OF CALFORNA Defendant. ) Crimina No. 15 cr ~rs ) ) CONSENT TO RULE 11 PLEA ) N A FELONY CASE BEFORE ) UNTED STATES MAGSTRATE ) JUDGE ) ) ) ) 1611 have been advised by my attorney and by the 1711 United States Magistrate Judge of my right to enter my 18Upea in this case before a United States District 111 Judge. hereby decare my intention to enter a pea WH of guity in the above case, and request and consent 2111 to have my pea taken by a United States Magistrate ni Judge pursuant to Rue 11 of the Federa Rues of 23 Crimina Procedure. 24 understand that if my pea of guity i s taken by ~ the United States Magistrate Judge, and the Magistrate 2611 Judge recommends that the pea be accepted, the 2711 assigned United States District Judge wi then decide ~whether to accept or reject any pea agreement may 1

16 . / have with the United States and wi adjudicate guit 211and impose sentence. 311 further understand that any obje~tions to the 411Magistrate Judge's findings and recommendation must be 511 fied within 14 days of the entry of my guity pea Dated: ~ ~ e VE( r'o Po.d/{(o. ~ =fendant f d t 11.. Dated: djf:/;), The United States Attorney consents to have.the 15pea in this case taken by a United States Magistrate 1611 Judge pursuant to Crimina Loca Rue D/(7 (_rs- 111 Dated:.As5stai1t United St:a-t:es 2011 Attorney \ ' r { f. 28 ~ 2