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'. Case 2:18-mj-11043-RBM Document 1 Filed 10/24/18 PageID.6 Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 UNITED STATES OF AMERICA, v. 14 Arturo ZAVALA, 15 16 17 18 19 20 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Plaintiff, Defendant. The undersigned complainant being duly sworn states: Case No.: '18MJ 1104 3 COMPLAINT FOR VIOLATION OF Title 31 U.S.C. 5332 Bulk Cash Smuggling (Felony) On or about October 24, 2018, within the Southern District of California, defendant, Arturo ZAVALA, with the intent to evade a currency reporting requirement under Title 31, 21 United States Code, Section 5316, did knowingly and intentionally conceal more than 22 23 24 $10,000.00 in United States currency or other monetary instruments, to wit: approximately $52, 164.00 in United States currency, and attempt to transport or transfer such currency or 25 monetary instruments from a place within the United States to a place outside of the United 26 27 28 States, in violation of Title 31, United States Code, Section 5332.
-, Case 2:18-mj-11043-RBM Document 1 Filed 10/24/18 PageID.7 Page 2 of 4 1 The complainant states this complaint is based on the attached Statement of -facts 2 incorporated herein by reference. 3 4 5 6 7 8 SWORN TO BEFORE ME AND SUBSCRIBED IN MY PRESENCE, THIS 24th 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DAY OF OCTOBER2018. ~~ENEGRO United States Magistrate Judge 2
l 2 3 4 UNITED STATES OF AMERICA V. Arturo ZAVALA STATEMENT OF FACTS 5 This Statement of Facts is based on the reports, documents, and notes furnished to 6 Homeland Security Investigations Special Agent Joseph Rawley. 7 8.t.-':t ~ On Octobe~ 2018, at approximately 12:28 a.m., Customs and Border Protection 9 Officers (CBPO) conducted an outbound vehicle inspection at the Calexico, California West lo Port of Entry when they encountered Arturo ZAVALA (ZAVALA) attempting to enter 11 Mexicali, Baja California, Mexico, in a black 2004 Ford F-150 bearing California license 12 13 plates. 14 As part of the outbound vehicle inspection, the Ford F-150 was sent to vehicle 15 secondary for inspection before the vehicle entered Mexicali. Customs and Border 16 17 Protection Officer (CBPO) P. McBee received a negative oral Customs declarations 18 19 20 from ZAVALA. California identification card. ZAVALA is a United States citizen and was in possession of a 21 CBPO P. McBee asked ZAVALA if he had more than $10,000 in U.S. currency to 22 23 24 Case 2:18-mj-11043-RBM Document 1 Filed 10/24/18 PageID.8 Page 3 of 4 declare, to which ZAVALA gave a negative customs declaration. ZAVALA stated he was on his way to Mexicali from Brawley, California. ZAVALA was escorted to vehicle 25 secondary where CBPO P. McBee conducted a pat-down ofzavala's person which was 26 27 28 witnessed by Canine Enforcement Officer (CEO) Garneau which showed ZAVALA to be in possession of $3,164 of United States currency. 3
-. Case 2:18-mj-11043-RBM Document 1 Filed 10/24/18 PageID.9 Page 4 of 4 1 An inspection of ZAV ALA's vehicle revealed five (5) bundles of United States 2 currency located in a non-factory compartment in the dashboard of the Ford F-150. 3 A total amount of approximately $49,000.00 dollars in U.S. currency was 4 5 recovered from the non-factory compartment of the vehicle. The combined total of 6 U.S. currency located on ZAVALA's person and in the vehicle was $52,164. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4
Case 2:18-mj-11043-RBM Document 1-1 Filed 10/24/18 PageID.5 Page 1 of 1 ROSln\OT. First: Ar~uro Mid. Last: ZAVALA ~~~~~~ Case No. '18 MJ 110 43 ~"'----~~~~ RAP SHEET SUMMARY CHART 37 Months ON PAROLE/PROBATION TOTAL POINTS 0 DATE OF MOST RECENT DEPORTATION
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. Department of Justice ADAM L. BRAVERMAN United States Attorney Southern District of California San Diego County Ofice Federal Office Building 880 Front Street, Room 6293 San Diego, California 92 / 01-8893 Alicia P. Williams Assistant U.S. Attorney Imperial County Office 516 l ndustry Way SuiteC Imperial County, Cal/fornia 9225/-5782 (619) 546-8917 Fax (619) 546-0474 October 31, 2018 Marc S. Levinson, Esq. 8690 Aero Dr. Suite, #115-252 San Diego, CA 92123 (619) 846-9243 Email: levinson.marc@grnail.com Re: Pre-Indictment Offer in the case of U.S. v. GABRIEL MIRANDA-LONA, Case No. 18MJ11045 Dear Mr. Levinson: The Attorney General of the United States and the United States Attorney for the Southern District of California have approved a pre-indictment disposition for this case. You have already informed me that your client is interested in receiving the Government's offer and will either file a Waiver of a Preliminary Hearing or waive time at the preliminary hearing in order to have sufficient time to consider it. The terms of the preindictment offer are set forth in the enclosed plea agreement, provided your client complies with the following early disposition requirements: 1. No later than noon on the Friday preceding the Preliminary Hearing either file a Waiver of a Preliminary Hearing (which can be downloaded from the District Court's website at http://casd.uscourts.gov/), or confirm via email that the Defendant will waive time at the Preliminary Hearing, 2. Inform me, via email no later than five business days before the Arraignment Hearing, that your client will waive indictment at the hearing, 3. Waive indictment at the Arraignment Hearing, 4. Do not file or argue any substantive motions, including those described in Fed. R. Crim. P. 12, other than motions seeking bail review, 5. Plead guilty no later than two weeks after the Arraignment Hearing, 6. Return the original plea agreement, signed by you and your client, to me not later than five business days before the disposition date, 7. Waive appeal and collateral attack of the conviction and sentence, and, 8. Proceed to sentencing without undue delay. This offer may be accepted only by compliance with each of these requirements, including the requirement that your client plead guilty as specified above. Until the offer is accepted, the United States may in its sole discretion revoke the offer at any time and for any reason.
As part of a pre-indictment disposition, your client will plead guilty to an Information charging a violation of 18 U.S.C. 1546 pursuant to the terms of the plea agreement I have enclosed with this letter. I have enclosed the Information and Waiver of Indictment that will be filed if your client wishes to accept this offer. I have also enclosed the original plea agreement pursuant to which your client must plead guilty. Finally, I have enclosed the currently available discovery. The terms of the plea agreement are not subject to modification, and you may not strike or interlineate any portion of the agreement absent joint agreement of the parties. Please review the enclosed documents and discovery promptly to determine whether issues exist which warrant discussion (e.g., incorrect factual basis, guideline calculations or criminal history information). If these issues are not promptly raised and the disposition of this case is delayed, that delay may cause a revocation of the offer. If you have any questions, please contact me at ( 619) 546-8917. Very truly yours, Enclosures (1) Information and Waiver of Indictment (2) Plea Agreement (3) Discovery Copy to: Addressee (Via Email - without Discovery) APW:tld Rev. 1 l /09(PSC:jam)
1 2 3 4 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 6 7 8 9 10 11 UNITED STATES OF AMERICA, Plaintiff, v. GABRIEL MIRANDA-LONA, Defendant. Case No.: I N F O R M A T I O N Title 18, U.S.C., Section 1546 - Fraud and Misuse of Visas, Permits, and Other Entry Documents (Felony) 12 13 The United States Attorney charges: On or about October 23, 2018, within the Southern District of 14 California, defendant, GABRIEL MIRANDA-LONA, when applying for entry 15 into the United States at the Calexico, California East Port of Entry, 16 did knowingly use, attempt to use, and possess a document prescribed 17 by statute or regulation for entry into or as evidence of authorized 18 stay or employment in the United States, namely, a United States Birth 19 Certificate and California Identification card, knowing it to have been 20 forged, counterfeited, altered, falsely made or otherwise unlawfully 21 obtained, in order to gain admission to the United States; in violation 22 of Title 18, United States Code, Section 1546(a). 23 DATED: 24 ADAM L. BRAVERMAN United States Attorney 25 26 27 ALICIA P. WILLIAMS Assistant U.S. Attorney 28 APW:tld:10/ 31/2018
AO 455 (Rev. 1 / 09 ) Waiver o Indictment UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Plaintiff, Case No. V. WAIVER OF AN INDICTMENT GABRIEL MIRANDA-LONA, Defendant. I understand that I have been accused of one or more offenses punishable by imprisonment for more than one year. I was advised in open court of my rights and the nature of the proposed charges against me. After receiving this advice, I waive my right to prosecution by indictment and consent to prosecution by information. DATED: Defendant DATED: Defendant's Attorney JUDICIAL OFFICER
1 ADAM L. BRAVERMAN United States Attorney 2 ALICIA P. WILLIAMS Assistant United States Attorney 3 California Bar No. 262823 4 United States Attorney's Office 880 Front Street, Room 6293 5 San Diego, California 92101-8893 Telephone: (619) 546-8917 6 Attorney for Plaintiff 7 UNITED STATES OF AMERICA 8 9 10 11 12 13 14 15 16 UNITED STATES OF AMERICA, Plaintiff, V. GABRIEL MIRANDA-LONA, Defendant. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Case No. PLEA AGREEMENT (Pre-Indictment) IT IS HEREBY AGREED between plaintiff, UNITED STATES OF AMERICA, 17 through its counsel, Adam L. Braverman, United States Attorney, and 18 Alicia P. Williams, Assistant United States Attorney, and defendant, 19 20 21 22 23 24 25 26 27 28 GABRIEL MIRANDA-LONA, with the advice and consent of Marc S. Levinson, counsel for defendant, as follows: II II II II II II II APW:tld:lOl3ll2018 Def. Initials
1 2 I THE PLEA 3 A. THE CHARGE 4 Defendant agrees to waive Indictment and plead guilty to a single- 5 count Information charging defendant with: 6 On or about October 23, 2018, within the Southern District of California, defendant, GABRIEL MIRANDA-LONA, when applying for 7 entry into the United States at the Calexico, California East Port of Entry, did knowingly use, attempt to use, and possess 8 a document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the 9 United States, namely, a United States Birth Certificate and California Identification card, knowing it to have been 10 forged, counterfeited, altered, falsely made or otherwise unlawfully obtained, in order to gain admission to the 11 12 United States; in violation of Title 18, United States Code, Section 1546(a). 13 14 15 16 17 18 19 20 21 elements: A. ELEMENTS EXPLAINED II NATURE OF THE OFFENSE The offense to which defendant is pleading guilty has the following 1. 2. Defendant knowingly used, attempted to use, or possessed a document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States; and Defendant knew the counterfeited, altered, unlawfully obtained. document falsely had made, been forged, or otherwise 22 B. ELEMENTS UNDERSTOOD AND ADMITTED - FACTUAL BASIS 23 Defendant has fully discussed the facts of this case with defense 24 counsel. Defendant has committed each element of the crime and admits 25 that there is a factual basis for this guilty plea. The following facts 26 are true and undisputed: 27 1. 28 On or about October 23, 2018, defendant applied for admission to the United States via the Calexico, California East Port of Entry. 2 CR
1 2 3 2. Defendant knowingly presented a United States Birth Certificate and California Identification card, bearing the name and biographical information of another, for entry into the United States, as defendant's own identification. 4 5 3. Defendant knew the counterfeited, altered, unlawfully obtained. document falsely had made, been forged, or otherwise 6 III 7 PENALTIES 8 The crime to which defendant is pleading guilty carries the 9 following penalties: 10 11 12 13 14 15 16 17 18 19 A. B. C. D. A maximum 10 years in prison; A maximum $250,000.00 fine; A mandatory special assessment of $100.00 per count; and; A term of supervised release of not more than 3 years. Defendant understands that failure to comply with any of the conditions of supervised release may result in revocation of supervised release, requiring defendant to serve in prison, upon any such revocation, all or part of the statutory max imum term of supervised release for the offense that resulted in such term of supervised release. IV DEFENDANT'S WAIVER OF TRIAL RIGHTS AND UNDERSTANDING OF CONSEQUENCES 20 21 22 23 24 25 26 This guilty plea waives defendant's at trial right to: A. Continue to plead not guilty and require the Government to prove the elements of the crime beyond a reasonable doubt; B. A speedy and public trial by jury; C. The assistance of counsel at all stages of trial; D. Confront and cross-examine adverse witnesses; E. Testify and present evidence and to have witnesses testify on behalf of defendant; and 27 28 F. Not testify or have any adverse inferences drawn from the failure to testify. 3 Def. Initials CR
1 Defendant has been advised by counsel and understands that because 2 defendant is not a citizen of the United States, defendant's conviction 3 in this case makes it practically inevitable and a virtual certainty 4 that defendant will be removed or deported from the United States. 5 Defendant's attorney has told defendant this and defendant still wants 6 to plead guilty. Defendant may also be denied United States citizenship 7 and admission to the United States in the future. 8 V 9 DEFENDANT ACKNOWLEDGES NO PRETRIAL RIGHT TO BE PROVIDED WITH IMPEACHMENT AND AFFIRMATIVE DEFENSE INFORMATION 10 Any information establishing the factual innocence of defendant 11 known to the undersigned prosecutor in this case has been turned over 12 to defendant. The Government will continue to provide such information 13 establishing the factual innocence of defendant. 14 If this case proceeded to trial, the Government would be required 15 to provide impeachment information for its witnesses. In addition, if 16 defendant raised an affirmative defense, the Government would be 17 required to provide information in its possession that supports such a 18 defense. By pleading guilty, defendant will not be provided this 19 information, if any, and defendant waives any right to this information. 20 Defendant will not attempt to withdraw the guilty plea or file a 21 collateral attack on the existence of this information. 22 VI 23 DEFENDANT'S REPRESENTATION THAT GUILTY PLEA IS KNOWING AND VOLUNTARY 24 25 26 27 28 Defendant represents that: A. Defendant has had a full opportunity to discuss all the facts and circumstances of this case with defense counsel and has a clear understanding of the charges and the consequences of this plea. By pleading guilty, defendant may be giving up, and rendered ineligible to receive, valuable government benefits and civic rights, such as the right to vote, the 4 Def. Initials CR -~-~- -~-----
1 2 3 4 5 6 7 8 9 10 11 12 B. C. D. right to possess a firearm, the right to hold office, and the right to serve on a jury. The conviction in this case may subject defendant to various collateral consequences, including but not limited to revocation of probation, parole, or supervised release in another case; debarment from government contracting; and suspension or revocation of a professional license, none of which can serve as grounds to withdraw defendant's guilty plea; No one has made any promises or offered any rewards in return for this guilty plea, other than those contained in this agreement or otherwise disclosed to the Court. No one has threatened defendant or defendant's family to induce this guilty plea. Defendant is pleading guilty because defendant is guilty and for no other reason. VII AGREEMENT LIMITED TO U.S. ATTORNEY'S OFFICE, SOUTHERN DISTRICT OF CALIFORNIA 13 This plea agreement is limited to the United States Attorney's 14 Office for the Southern District of California, and cannot bind any 15 other authorities in any type of matter, although the Government will 16 bring this plea agreement to the attention of other authorities if 17 requested by defendant. 18 VIII 19 APPLICABILITY OF SENTENCING GUIDELINES 20 The sentence imposed will be based on the factors set forth in 21 18 U.S.C. 3553 (a). In imposing the sentence, the sentencing judge 22 must consult the United States Sentencing Guidelines (Guidelines) and 23 take them into account. Defendant has discussed the Guidelines with 24 defense counsel and understands that the Guidelines are only advisory, 25 not mandatory. The Court may impose a sentence more severe or less 26 severe than otherwise applicable under the Guidelines, up to the maximum 27 in the statute of conviction. Nothing in this plea agreement limits 28 5 Def. Initials CR -~~~- -------
1 the Government's duty to provide complete and accurate facts to the 2 district court and the U.S. Probation Office. 3 The parties will recommend immediate sentencing without a 4 presentence report. The Court may agree if it finds sufficient 5 information in the record to enable the meaningful exercise of sentencing 6 authority pursuant to 18 U.S.C. 3553. Defendant has been advised and 7 understands that should the sentencing judge order a presentence report, 8 defendant nevertheless has no right to withdraw the plea. 9 IX 10 SENTENCE IS WITHIN SOLE DISCRETION OF JUDGE 11 This plea agreement is made pursuant to Federal Rule of Criminal 12 Procedure 11 (c) (1) (B) The sentence is within the sole discretion of 13 the sentencing judge who may impose the maximum sentence provided by 14 statute. It is uncertain at this time what defendant's sentence will 15 be. The Government has not made and will not make any representation 16 as to what sentence defendant will receive. Any estimate of the probable 17 sentence by defense counsel is not a promise and is not binding on the 18 Court. Any recommendation made by the Government at sentencing is also 19 not binding on the Court. If the sentencing judge does not follow any 20 of the parties' sentencing recommendations, defendant will not withdraw 21 the plea. 22 X 23 PARTIES' SENTENCING RECOMMENDATIONS 24 25 A. SENTENCING GUIDELINE CALCULATIONS Although the Guidelines are only advisory and just one factor the 26 Court will consider under 18 U.S.C. 3553 (a) in imposing a sentence, 27 the parties will jointly recommend the following Base Offense Level, 28 Specific Offense Characteristics, Adjustments, and Departures: 6 Def. Initials CR ~---- ---~---
1 1. Base Offense Level [ 2L2.2(a)] 8 2 2. Prior Immigration Conviction [ 2L2.2(b ) (2)) _ l 3 3. Acceptance of Responsibility [ 3El~l] -2 4 5 B. ACCEPTANCE OF RESPONSIBILITY 6 Despite paragraph A above, the Government need not recommend an 7 adjustment for Acceptance of Responsibility if defendant engages in 8 conduct inconsistent with acceptance of responsibility including, but 9 not limited to, the following: 10 11 12 13 14 15 16 17 1. 2. 3. 4. Fails to truthfully admit a complete factual basis as stated in the plea at the time the plea is entered, or falsely denies, or makes a statement inconsistent with, the factual basis set forth in this agreement; Falsely denies prior criminal conduct or convictions; Is untruthful with the Government, the Court or probation officer; or Breaches this plea agreement in any way. 18 19 C. FURTHER ADJUSTMENTS AND SENTENCE REDUCTIONS INCLUDING THOSE UNDER 18 U.S.C. 3553 20 21 22 23 24 25 26 27 28 Defendant may request or recommend additional downward adjustments, departures, or variances from the Sentencing Guidelines under 18 U.S.C. 3553. The Government will oppose any downward adjustments, departures, or variances not set forth in Section X, paragraph A above. 1 If defendant has previously sustained a conviction for a felony immigration and naturalization offense, the parties will recommend a +2 adjustment, pursuant to USSG 2L2.2(b ) (2) (A). If defendant has previously sustained two or more such felony immigration convictions, the parties will recommend a +4 adjustment, pursuant to USSG 2L2.2 (b) (2) (B). 7 Def. Initials CR ----- -------
1 D. NO AGREEMENT AS TO CRIMINAL HISTORY CATEGORY 2 The parties have no agreement as to defendant's Criminal History 3 Category. 4 E. "FACTUAL BASIS" AND "RELEVANT CONDUCT" INFORMATION 5 The facts in the "factual basis" paragraph of this agreement are 6 true and may be considered as "relevant conduct" under USSG lbl.3 and 7 as the nature and circumstances of the offense under 18 U.S.C. 8 3553 (a) (1). 9 10 F. PARTIES' RECOMMENDATIONS REGARDING CUSTODY The Government agrees to recommend the greater of: low end of the 11 advisory guideline range as calculated by the Government, 60 days in 12 custody, or the time served in custody at the time of sentencing. 13 G. SPECIAL ASSESSMENT, FINE, RESTITUTION, FORFEITURE 14 15 16 17 18 19 20 21 1. 2. Special Assessment: The parties will jointly recommend that defendant pay a special assessment in the amount of $100.00 per felony count of conviction to be paid forthwith at time of sentencing. Special assessments shall be paid through the off ice of the Clerk of the District Court by bank or cashier's check or money order made payable to the "Clerk, United States District Court." Fine: The parties will not recommend imposition of a fine due to defendant's limited financial prospects and because the cost of collection, even taking into account the Inmate Responsibility Program, likely would exceed the amounts that could reasonably be expected to be collected. 22 H. SUPERVISED RELEASE 23 The Government is free to recommend a period of supervised release. 24 If the Court imposes a term of supervised release, defendant will not 25 seek to reduce or terminate early the term of supervised release until 26 defendant has served at least two-thirds of the term of supervised 27 release and has fully paid and satisfied any special assessments, fine, 28 criminal forfeiture judgment and restitution judgment. 8 Def. Initials CR
1 2 3 XI DEFENDANT WAIVES APPEAL AND COLLATERAL ATTACK Defendant waives (gives up) all rights to appeal and to collaterally 4 attack every aspect of the conviction and sentence, including any 5 restitution order. This waiver includes, but is not limited to, any 6 argument that the statute of conviction or Defendant's prosecution is 7 unconstitutional and any argument that the facts of this case do not 8 constitute the crime charged. The only exceptions are: (i) defendant 9 may appeal a custodial sentence above the high end of the guideline 10 range recommended by the Government at sentencing (if USSG, 5Gl.l(b) 11 applies, the high end of the range will be the statutorily required 12 mandatory minimum sentence); and (ii) defendant may collaterally attack 13 the conviction or sentence on the basis that defendant received 14 ineffective assistance of counsel. If defendant appeals, the Government 15 may support on appeal the sentence or restitution order actually imposed. 16 XII 17 BREACH OF THE PLEA AGREEMENT 18 Defendant and defendant's attorney know the terms of this agreement 19 and shall raise, before the sentencing hearing is complete, any claim 20 that the Government has not complied with this agreement. Otherwise, 21 such claims shall be deemed waived (that is, deliberately not raised 22 despite awareness that the claim could be raised), cannot later be made 23 to any court, and if later made to a court, shall constitute a breach 24 of this agreement. 25 Defendant breaches this agreement if defendant violates or fails 26 to perform any obligation under this agreement. The following are non- 27 exhaustive examples of acts constituting a breach: 28 A. Failing to plead guilty pursuant to this agreement; 9 Def. Initials --~~- CR
1 2 3. 4 5 6 7 8 9 B. Failing to fully accept responsibility as established in Section X, paragraph B, above; C. Failing to appear in court; D. Attempting to withdraw the plea; E. Failing to abide by any court order related to this case; F. G. Appealing (which occurs if a notice of appeal is filed) or collaterally attacking the conviction or sentence in violation of Section XI of this plea agreement; or Engaging in additional criminal conduct from the time of arrest until the time of sentencing. If defendant breaches this plea agreement, defendant will not be 10 able to enforce any provisions, and the Government will be relieved of 11 all its obligations under this plea agreement. For example, the 12 Government may proceed to sentencing but recommend a different sentence 13 than what it agreed to recommend above. Or the Government may pursue 14 any charges including those that were dismissed, promised to be 15 dismissed, or not filed as a result of this agreement (defendant agrees 16 that any statute of limitations relating to such charges is tolled 1 7 indefinitely as of the date all parties have signed this agreement; 18 defendant also waives any double jeopardy defense to such charges). In 19 addition, the Government may move to set aside defendant's guilty plea. 20 Defendant may not withdraw the guilty plea based on the Government's 21 pursuit of remedies for defendant's breach. 22 Additionally, if defendant breaches this plea agreement: (i) any 23 statements made b y defendant, under oath, at the guilty plea hearing 24 (before either a Magistrate Judge or a District Judge); (ii) the factual 25 basis statement in Section II.Bin this agreement; and (iii) any evidence 26 derived from such statements, are admissible against defendant in any 27 prosecution of, or any action against, defendant. This includes the 28 prosecution of the charge(s) that is the subject of this plea agreement 10 Def. Initials CR --- -- --~----
1 or any charge(s) that the prosecution agreed to dismiss or not file as 2 part of this agreement, but later pursues because of a breach by the 3 defendant. Additionally, defendant knowingly, voluntarily, and 4 intelligently waives any argument that the statements and any evidence 5 derived from the statements should be suppressed, cannot be used by the 6 Government, or are inadmissible under the United States Constitution, 7 any statute, Rule 410 of the Federal Rules of Evidence, Rule ll(f) of 8 the Federal Rules of Criminal Procedure, and any other federal rule. 9 XIII 10 CONTENTS AND MODIFICATION OF AGREEMENT 11 This plea agreement embodies the entire agreement between the 12 parties and supersedes any other agreement, written or oral. No 13 modification of this plea agreement shall be effective unless in writing 14 signed by all parties. 15 XIV 16 DEFENDANT AND COUNSEL FULLY UNDERSTAND AGREEMENT 17 By signing this agreement, defendant certifies that defendant has 18 read it (or that it has been read to defendant in defendant's native 19 language). Defendant has discussed the tert1ls of this agreement with 20 defense counsel and fully understands its meaning and effect. 21 // 22 I I 23 I I 24 / / 25 / / 26 I I 27 / / 28 I I 11 Def. Initials CR ----- ------
1 2 xv DEFENDANT SATISFIED WITH COUNSEL 3 Defendant has consulted with counsel and is satisfied with 4 counsel's representation. This is defendant's independent opinion, and 5 defendant's counsel did not advise defendant about what to say in this 6 regard. 7 8 9 Respectfully submitted, ADAM L. BRAVERMAN United States Attorney 10 11 12 13 14 15 DATED DATED ALICIA P. WILLIAMS Assistant U.S. Attorney MARC S. LEVINSON Defense Counsel 16 IN ADDITION TO THE FOREGOING PROVISIONS TO WHICH I AGREE, I SWEAR UNDER PENALTY OF PERJURY THAT THE FACTS IN THE "FACTUAL BASIS" PARAGRAPH ABOVE 17 ARE TRUE. 18 19 DATED 20 GABRIEL MIRANDA-LONA Defendant 21 Approved by: :: ~ EY 24 25 26 27 28 Assistant U.S. Attorney 12 Def. Initials ~~CR~~~~~-
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