Free Stipulation of Fact and Joint Motion for Release of M/W - District Court of California - California

Case 3:08-cr-02153-BEN

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Filed 06/26/2008

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KAREN P. HEWITT United States Attorney CARLA J. BRESSLER Assistant United States Attorney California State Bar No. 134886 United States Attorney's Office Federal Office Building 880 Front Street, Room 6293 San Diego, California 92101 Telephone: (619) 557-6763 Attorneys for Plaintiff UNITED STATES OF AMERICA UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA,
Plaintiff, v. FERNANDO CAMPO-ALVARES (1),
Defendant.
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Magistrate Case No. 08MJ 1818 STIPULATION OF FACT AND JOINT MOTION FOR RELEASE OF MATERIAL WITNESS(ES) AND
ORDER THEREON


(Pre-Indictment Fast-Track Program)

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IT IS HEREBY STIPULATED AND AGREED between the plaintiff, UNITED STATES OF AMERICA, by and through its counsel, Karen P. Hewitt, United States Attorney, and Carla J. Bressler, Assistant United States Attorney, and defendant FERNANDO CAMPO ALVARES, by and through and with the advice and consent of Hanni M. Fakhoury, Federal Defenders of San Diego, Inc., counsel for defendant, that:

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Defendant agrees to execute this stipulation on or before the first preliminary hearing

date and to participate in a full and complete inquiry by the Court into whether defendant knowingly, intelligently and voluntarily entered into it. Defendant agrees further to waive indictment and plead guilty to the pre-indictment information charging defendant with a non-mandatory minimum count of Transportation of Aliens and Aiding and Abetting, in violation of 8 U.S.C. §1324(a)(l)(A)(ii) and (v)(I1).
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Case 3:08-cr-02153-BEN
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2.

Defendant acknowledges receipt of a plea agreement in this case and agrees to

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provide the signed, original plea agreement to the Government not later than five business days before the disposition date set by the Court.

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3.

Defendant agrees to plead guilty to the charge pursuant to the plea agreement on or

before July 14,2008.

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4.

The material witnesses, Santiago Navarro-Beas, Elfego Garcia-Ruiz and Serafin

Hernandez-Garcia, in this case:

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a.
b.

Are aliens with no lawful right to enter or remain in the United States; Entered or attempted to enter the United States illegally on or about

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Were found in a vehicle driven by defendant in or near Murrieta, California

and that defendant knew or acted in reckless disregard ofthe fact that they were aliens with no lawful right to enter or remain in the United States; d. Were paying an undisclosed amount ofmoney to others to be brought into the

United States illegally and/or transported illegally to their destination therein; and,

e.

May be released and remanded immediately to the Department of Homeland

Security for return to their country of origin.

5.

After the material witnesses are ordered released by the Court pursuant to this

stipulation and joint motion, if defendant does not plead guilty to the charge set forth above, for any reason, or thereafter withdraws his guilty plea to that charge, defendant agrees that in any proceeding, including, but not limited to, motion hearings, trial, sentencing, appeal or collateral attack, that: a. substantive evidence; The stipulated facts set forth in paragraph 4 above shall be admitted as

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b.

The United States may elicit hearsay testimony from arresting agents

regarding any statements made by the material witness(es) provided in discovery, and such testimony shall be admitted as substantive evidence under Fed. R. Evid. 804(b)(3) as statements against interest of (an) unavailable witness(es); and,
Stipulation of Fact and Joint Motion for Release of Material Witness(es) And Order Thereon in United States v. Fernando Campo-Alvares (1)

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Case 3:08-cr-02153-BEN
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c.

Understanding that under Crawford v. Washington, 124 S. Ct. 1354 (2004),

"testimonial" hearsay statements are not admissible against a defendant unless defendant confronted and cross-examined the witness(es) who made the "testimonial" hearsay statements, defendant waives the right to confront and cross-examine the material witness(es) in this case.

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By signing this stipulation and joint motion, defendant certifies that defendant has

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read it (or that it has been read to defendant in defendant's native language). Defendant certifies further that defendant has discussed the terms of this stipulation and joint motion with defense counsel and fully understands its meaning and effect. Based on the foregoing, the parties jointly move the stipulation into evidence and for the immediate release and remand of the above-named material witness(es) to the Department of Homeland Security for return to their country of origin. It is STIPULATED AND AGREED this date. Respectfully submitted, KAREN P. HEWITT Attorney United Dated:

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Dated: id~)o~

HANNI M. FAKHOURY Defense Counsel for Campo-Alvares

Dated:

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Stipulation of Fact and Joint Motion for Release of Material Witness(es) And Order Thereon in United States v. Fernando Campo-Alvares (1)

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ORDER
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Dated: Upon joint application and motion of the parties, and for good cause shown,

THE STIPULATION is admitted into evidence, and, IT IS ORDERED that the above-named material witness(es) be released and remanded
forthwith to the Department of Homeland Security for return to their country of origin.

SO ORDERED.

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United States Magistrate Judge

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Stipulation of Fact and Joint Motion for Release of Material Witness(es) And Order Thereon in United States v. Fernando Campo-Alvares (1)

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