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United States v. Robertson

United States District Court, E.D. Washington

February 2, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
JANNEL PRICHA MARY ROBERTSON, Defendant.

          MICHAEL C. ORMSBY United States Attorney, Eastern District of Washington Matthew F. Duggan Assistant United States Attorney

          ORDER

          Thomas O. Rice Chief Judge United States District Judge.

         Plaintiff United States of America, by and through Michael C. Ormsby, United States Attorney for the Eastern District of Washington, and Matthew F. Duggan, Assistant United States Attorney for the Eastern District of Washington, as well as Defendant JANNEL PRICHA MARY ROBERTSON, and John Stephen Roberts, Jr., counsel for Defendant JANNEL PRICHA MARY ROBERTSON, agree to the following Pretrial Diversion Agreement:

         I. Overview

         1. It is alleged by an Indictment returned by the Grand Jury on December 7, 2016, in Cause Number 2:16-CR-00163-TOR that JANNEL PRICHA MARY ROBERTSON committed the following offense against the United States in the Eastern District of Washington: On or about September 28, 2016, JANEL PRICHA MARY ROBERTSON, a citizen and national of Canada, who had theretofore been denied admission, excluded, deported and removed from the United States, on or about September 26, 2016, at Blaine, Washington, was found in the United States in Okanagon County, in the Eastern District of Washington, and she then did not have the express consent of the Attorney General, or the Attorney General's successor, the Secretary of the Department of Homeland Security (Title 6, United States Code, Sections 101, 202(3) & (4), 402 and 557), to reapply for admission into the United States, all in violation of 8 U.S.C. § 1326.

         2. The United States investigated Ms. Robertson's background, as well as the offense circumstances and, in the interests of justice, agrees to resolve this matter by pretrial diversion.

         3. On the authority from the Attorney General of the United States, through Michael C. Ormsby, United States Attorney for the Eastern District of Washington, prosecution in the Eastern District of Washington for the offense alleged in the Indictment shall be deferred for 12 months. This 12-month period begins on the date this Agreement is signed by both the parties and accepted by the Court.

         4. This Agreement is not intended-and shall not be construed-as a liability admission by any party.

         5. The parties agree that the Court will maintain jurisdiction over this matter and that the Court shall be the final arbiter on 1) whether a party breached this Agreement and, if so, 2) the appropriate remedy, which may include either terminating the Agreement or modifying its terms. A modification may include extending the Agreement's 12-month period by an additional twelve (12) months (for a maximum of 24 months).

         II. Terms

         JANNEL PRICHA MARY ROBERTSON agrees to the following terms:

         1. Supervision. Ms. Robertson agrees to be supervised by the United States Probation Office during this 12-month period (or longer, if the period is extended by the Court). Ms. Robertson's supervision terms include the following:

a. Ms. Robertson shall not enter the United States absent the express consent of the Attorney General, or the Attorney General's successor, the Secretary of the Department of Homeland Security.
b. Ms. Robertson shall not violate any federal, state, or local law (this does not apply to civil infractions ...

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