USA v. Trujillo

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1Unless otherwise stated, the references to Electronic Case Filing ("ECF") documents
are to the above-reference criminal case.
2A July 1, 2013, a Writ was also issued, but the record indicates there was insufficient
time to secure Trujillo's presence for a scheduled hearing, so a new Writ was issued.
WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
United States of America,
Plaintiff,
vs.
Manuel R. Trujillo,
Defendant.
)
)
)
)
)
)
)
)
)
)
No. CR 13-709-TUC-CKJ
ORDER
Pending before the Court is the Motion for Information - Public Records Act (Doc.
72) filed by Defendant Manuel R. Trujillo ("Trujillo"). Trujillo has also filed a Transcript
Request (Doc. 73).1
Procedural History
Trujillo was arrested in this case on March 30, 2013, and ordered released on
conditions on April 3, 2013. A Writ of Habeas Corpus ad Prosequendum ("Writ") was issued
on July 10, 2013, directing the Warden, Pima County Detention Center, to produce Trujillo
to the United States Marshal Service, who was directed to maintain Trujillo "within the
jurisdiction of this Court pending the satisfaction of this writ or further orders of the Court,
thereupon to be returned to the facility listed above unless otherwise ordered by the Court."
Writ (Doc. 42).2
Case 4:13-cr-00709-CKJ-LAB Document 75 Filed 12/31/25 Page 1 of 31

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 2 -
On July 24, 2013, Trujillo pleaded guilty pursuant to a plea agreement to
Transportation of Illegal Alien for Profit Causing Serious Bodily Injury, in violation of 8
U.S.C. §§ 1324(a)(1)(A)(ii), 1324(a)(1)(B)(i), and 1324(a)(1)(B)(iii). Although the Court
calculated the advisory guideline range to be 41 to 51 months imprisonment, the plea
agreement included a stipulated sentencing range for a criminal history category VI of 33-41
months imprisonment. The plea agreement also provided:
Waiver of Defenses and Appeal Rights
The defendant waives any and all motions, defenses, probable cause determinations,
and objections which the defendant could assert to the information or indictment, or
to the petition to revoke, or to the Court's entry of judgment against the defendant and
imposition of sentence upon the defendant providing the sentence is consistent with
this agreement. The sentence is in accordance with this agreement if the sentence
imposed is within the stipulated range or below the stipulated range if the Court grants
a variance. The defendant further waives: (1) any right to appeal the Court's entry of
judgment against defendant; (2) any right to appeal the imposition of sentence upon
defendant under Title 18, United States Code, Section 3742 (sentence appeals); (3)
any right to appeal the district court's refusal to grant a requested variance; (4) any
right to collaterally attack defendant's conviction and sentence under Title 28, United
States Code, Section 2255, or any other collateral attack; and (5) any right to file a
motion for modification of sentence, including under Title 18, United States Code,
Section 3582(c). The defendant acknowledges that this waiver shall result in the
dismissal of any appeal or collateral attack the defendant might file challenging
hislher conviction or sentence in this case. If the defendant files a notice of appeal or
a habeas petition, notwithstanding this agreement, defendant agrees that this case
shall, upon motion of the government, be remanded to the district court to determine
whether defendant is in breach of this agreement and, if so, to permit the government
to withdraw from the plea agreement.
Plea Agreement (Doc. 51, pp. 4-5), emphasis added.
On October 16, 2013, Trujillo was committed to the Bureau of Prisons for a term of
41 months with credit for time served to be followed by 36 months of supervised release on
October 16, 2023. Judgment and Commitment (Doc. 60). During the sentencing hearing,
the Court specifically stated the credit for time served was for the time Trujillo served
relating to the offense in this case.
On June 12, 2024, Trujillo filed a Motion for Concurent Sentence (Doc. 63). This
motion was docketed as a 28 U.S.C. 2255 petition and a civil habeas case was initiated. In
the civil case, the Court ordered Trujillo "must file either (a) a notice withdrawing the Motion
for Concurrent Sentence (Doc. 1), or (b) an amended 'Motion to Vacate, Set Aside, or
Case 4:13-cr-00709-CKJ-LAB Document 75 Filed 12/31/25 Page 2 of 31

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 3 -
Correct a Sentence by a Person in Federal Custody (Motion Under 28 U.S.C. § 2255), on the
court-approved form." August 28, 2024, Order (CV 24-354, p. 4), footnote omitted. As
Trujillo did not make a timely filing as directed, the motion was dismissed and the § 2255
action was closed.
On March 26, 2025, Trujillo filed his second Motion for Concurrent Sentence (Doc.
65). The Court discussed a state court's inability to alter a state sentence, Fed.R.Crim.P. 35
and 36, and Arizona rules cited by Trujillo in his Motion, then denied the requested relief.
April 1, 2025, Order (Doc. 66).
On June 2, 2025, and July 7, 2025, Trujillo filed Motions to Search Records Clerical
Error of Detainer (Doc. 67, 68). The Court found no authority requiring the federal
government to comply with state procedural requirements as they relate to the Interstate
Agreement on Detainers Act ("IAD") and found it was not appropriate to grant any relief for
an alleged violation of Ariz.R.Crim.P. 8.3(c). Further, because the United States Marshal
Service ("USMS") advised the Court that, on October 22, 2013, i.e., following Trujillo's
sentencing in this case, Trujillo was returned to Arizona custody from the custody of the
USMS before completing his federal sentence, the Court sua sponte reconsidered Trujillo's
March 26, 2025, Motion. The Court recognized the primary jurisdiction of the state of
Arizona and determined there was no basis to modify the sentence pursuant to 18 U.S.C. §
3582(c). Additionally, the Court stated:
[T]he Court was aware that "[m]ultiple terms of imprisonment imposed at different
times run consecutively unless the court orders that the terms are to run concurrently."
18 U.S.C. § 3584. The Court chose to not order the federal sentence be concurrent
with the forthcoming state sentence.
July 8, 2025, Order (Doc. 69, pp.5-6).
On July 10, 2025, Trujillo filed a Request for Final Disposition, Quash Warrants,
and/or in the Alternative a Concurrent Prison Term (Doc. 70). The Court denied the request
to quash warrants/detainers, recognized Arizona's right to enforce its sentence before the
United States enforces its sentence, and found no basis to direct the service of Trujillo's
Case 4:13-cr-00709-CKJ-LAB Document 75 Filed 12/31/25 Page 3 of 31

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 4 -
sentence to begin immediately. Additionally, the Court declined to again reconsider
Trujillo's sentence. July 31, 2025, Order (Doc. 71).
On December 1, 2025, Trujillo filed his Motion for Information - Public Records Act
(Doc. 72) and a Transcript Request (Doc. 73).
Request for Information
Generally, Trujillo requests a simplified explanation of his prison term and supervised
release. He has also set forth three specific questions:
(1) Do I owe prision (sic) time in this Court Once I'm Released in the State of Arizona
Prison Term?
(2) What will be the Procedures after being Released by the State[']s Order of Prison
Term?
(3) Is their (sic) Any Motion under Rules and Procedures to speed up the process of
the Federal and State Prison terms to run Concurrently to each other, If prison time
is still warranted in this Jurisdiction of this Court['] Order's[?]
Motion (Doc. 72, pp. 1-2). While it is not the role of the Court to provide legal advice to
Trujillo, see e.g., Parker v. Neven, No. 2:11-CV-01223-KJD, 2014 WL 3592424, at *7 (D.
Nev. July 18, 2014); see also Pliler v. Ford, 542 U.S. 225, 231 (2004) ("District judges have
no obligation to act as counsel or paralegal to pro se litigants [as it would . . . ] undermine
district judges' role as impartial decisionmakers."), the Court will discuss general legal
principles relevant to Trujillo's questions.
Because of dual sovereignty, both the United States and the state of Arizona are
"responsible for the administration of its own criminal justice system." Setser v. United
States, 566 U.S. 231, 241 (2012), citation, quotations and brackets omitted. In other words,
each jurisdiction determines the outcomes of their cases. Indeed, "a person who has violated
the criminal statutes of both the Federal and State Government may not complain of the order
in which he is tried or punished for such offenses." Gunton v. Squier, 185 F.2d 470, 471 (9th
Cir. 1950), emphasis added. The United States and Arizona each imposed sentences against
Trujillo in their separate cases. Pursuant to dual sovereignty principles, Arizona is entitled
Case 4:13-cr-00709-CKJ-LAB Document 75 Filed 12/31/25 Page 4 of 31

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 5 -
to have Trujillo serve the state sentence prior to Trujillo serving the federal sentence. As the
Court previously advised Trujillo, "Arizona courts do not have the authority to modify this
Court's judgment." April 1, 2025, Order (Doc. 66, p. 2). Therefore, although the Arizona
court ordered the Arizona sentence to "run concurrent with the sentence imposed in the
defendant's Federal matter, cause number CR 13-00709-001-TUC-CKJ[,]" Motion for
Concurrent Sentence, Attachment (Doc. 65-1), this state order does not control the federal
sentence.
In this case, Trujillo was "committed to the custody of the Bureau of Prisons for a
term of FORTY ONE (41) MONTHS with credit for time served. Upon release from
imprisonment, the defendant shall be placed on supervised release for a term of THIRTY
SIX (36) MONTHS." October 16, 2013, Judgment (Doc. 60, p. 1). As this Court is only
responsible for its own criminal justice system, the reference to "credit for time served" refers
to time served under federal jurisdiction. Time served for which Trujillo receives credit in
the Arizona system does not provide credit against the federal sentence.
Generally speaking, the standard transfer of a prisoner from one sovereignty to
another is completed without Court intervention. Other than stating the Arizona Department
of Corrections website indicates a federal detainer has been placed against Trujillo, the Court
declines to address the procedures that will be implemented upon Trujillo's release from state
custody.
Additionally, the Court previously discussed possible modification of a sentence
pursuant to 18 U.S.C. § 3582(c), as well as Fed.R.Crim.P. 35 and 36. As discussed, the
Court found no basis for reduction of sentence pursuant to those authorities. The Court
advises Trujillo 28 U.S.C. § 2255 allows for a collateral attack of a conviction and sentence.
However, the Court recognizes Trujillo's initial Motion for Concurrent Sentence was
docketed as a § 2255 petition (Doc. 63). The Court ordered Trujillo "must file either (a) a
notice withdrawing the Motion for Concurrent Sentence (Doc. 1), or (b) an amended 'Motion
to Vacate, Set Aside, or Correct a Sentence by a Person in Federal Custody (Motion Under
Case 4:13-cr-00709-CKJ-LAB Document 75 Filed 12/31/25 Page 5 of 31

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 6 -
28 U.S.C. § 2255),' on the court-approved form." August 28, 2024, Order (CV 24-354, p.
4). As Trujillo did not make a timely filing as directed, the motion was dismissed and the §
2255 action was closed.
Trujillo is advised to review his plea agreement to determine whether he has waived
the right to bring such an attack, i.e., file an additional §2255 petition. He is also advised to
review 28 U.S.C. § 2255(f) to assist in determining whether the filing of a § 2255 petition
at this time would be time-barred. The Court will direct the Clerk of Court to provide
Trujillo a copy of his plea agreement (Doc. 51). Because Trujillo may choose to proceed
with a § 2255 proceeding, the Court will direct the Clerk of Court to provide a copy of the
court-approved form to Trujillo.
Transcript Request (Doc. 73)
Trujillo filed a request for a transcript of the October 16, 2013, sentencing proceeding.
The Clerk of Court notified Trujillo of the deficiencies of the request. The Court notes
Trujillo signed the form to certify he would pay all charges, but did provide the date to
complete the certification.
The Court finds it appropriate to advise Trujillo he may request the government incur
the expense of a transcript in limited circumstances. Trujillo is advised to consider
applicable statutes to determine whether he may request the government incur the cost of a
transcript. See e.g., 28 U.S.C. § 753(f) (28 U.S.C. §2255 proceedings), 28 U.S.C. 1915(c)
(appellate proceeding, for use by a district court). Further, the Court has an "inherent
obligation to make sure that claims for taxpayer provided monies are justified." United States
v. Fedor, No. 07-20621-CR, 2008 WL 2264556, at *4 (S.D. Fla. May 7, 2008), emphasis in
original, citation omitted.
Additionally, to the extent the Clerk of Court advised Trujillo he must provide an
email address, Trujillo is advised to provide a personal email address available to him,
provide an email address of a prison official authorized to receive such emails and provide
Case 4:13-cr-00709-CKJ-LAB Document 75 Filed 12/31/25 Page 6 of 31

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 7 -
information to Trujillo, or state on the form that an email address is not available. The Court
will direct the Clerk of Court to provide a copy of AO 435 - Transcript Order Form and
Instructions to Trujillo. See https://www.azd.uscourts.gov/sites/azd/files/forms/AO435.pdf;
see also https://www.azd.uscourts.gov/content/how-do-i-order-transcript-or-cdtape-court-
hearing-case.
Accordingly, IT IS ORDERED:
1. 	The Motion for Information - Public Records Act (Doc. 72) is GRANTED to
the extent information has been provided herein.
2. 	The Clerk of Court shall provide a copy of the following documents to Trujillo:
a. July 24, 2013, Plea Agreement (Doc. 51),
b. Prisoner Form and Instructions - Motion to Vacate, Set Aside, or Correct
Sentence by a Person in Federal Custody Pursuant to 28 U.S.C. § 2255,
https://www.azd.uscourts.gov/sites/azd/files/forms/2255-instructions-form.pdf,
c. AO 435 - Transcript Order Form and Instructions to Trujillo, https://www.
azd.uscourts.gov/sites/azd/files/forms/AO435.pdf.
3. 	In the event Trujillo submits a new Transcript Request, the Clerk of Court is
directed to accept the E-Mail Box as sufficient if Trujillo provides a personal email address
available to him, provides an email address of a prison official authorized to receive such
emails and provide information to Trujillo, or states on the form that an email address is not
available.
4. 	The Clerk of Court shall mail a copy of this Order to:
Manuel R. Trujillo ADC # 160838
ASP - La Plama CLS I
5501 N. La Palma Rd.
Eloy, AZ 85131
DATED this 31st day of December, 2025.
Case 4:13-cr-00709-CKJ-LAB Document 75 Filed 12/31/25 Page 7 of 31

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
. JOHN S. LEONARDO
United States Attorney
District of Arizona
MATTHEW G. ELTRlNGHAM
Assistant U.S. Attorney
United States Courthouse
405 W. Congress St., Suite 4800
Tucson, Arizona 85701
Telephone: (520) 620-7300
E-mail: matthew.eltringham@usdoj.gov
Attorneys for Plaintiff
-_FILED -- LODGED
~cOPy
JUt 	2 4 2013
UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
United States of America,
Plaintiff,
)
)
)
C-~-l ~-10q -T-tt0- LAD
13-2274M(LAB)
)
v. 	)
) 	PLEA AGREEMENT
Manuel Raymundo Trujillo, 	)
Defendant. )
) 	(Fast Track 5K3.1)
)
The United States of America and the defendant agree to the following disposition
of this matter:
PLEA
The defendant agrees to plead guilty to the Information charging the defendant
with 	a 	violation 	of 	Title 	8, 	United 	States 	Code, 	Sections 	1324( a)(l )(A)(ii),
1324(a)(l )(B)(i), and 1324(a)(l )(B)(iii) Transportation of Illegal Alien for Profit Causing
Serious Bodily Injury, a felony.
ELEMENTS OF THE OFFENSE AND SENTENCING FACTOR
1. 	The defendant knew or was in reckless disregard of the fact that a certain alien
had come to, entered, or remained in the United States in violation oflaw.
2. 	The defendant knowingly transported or moved such alien within the United
States by means of transportation or otherwise in order to help such aliens remain in the
1/
Case 4:13-cr-00709-CKJ-LAB Document 75 Filed 12/31/25 Page 8 of 31

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
..
United States illegally.
3. 	The defendant committed the offense for the purpose of commercial advantage
or private financial gain.
4. 	During and in relation to the offense, the defendant caused serious bodily
injury to or placed in jeopardy the life of, any person.
STIPULATIONS, TERMS AND AGREEMENTS
Maximum Penalties
A 	violation 	of 	Title 	8, 	United 	States 	Code, 	Sections 	1324( a)( 1)(A )(ii),
1324(a)(l )(B)(i) 	and 	1324(a)(l )(B)(iii), 	is 	punishable 	by 	a 	maximum 	fine 	of
$250,000.00, or a maximum term of imprisonment of twenty (20) years, or both, plus a
term of supervised release of three years and a special assessment of $100; the special
assessment is due and payable at the time the defendant enters the plea of guilty, and must
be paid by the time of sentencing unless the defendant is indigent. 	If the defendant is
indigent, the special assessment will be collected according to Title 18, United States
Code, Chapters 227 and 229.
Agreements Regarding Sentence
1. Guideline Calculations: Although the parties understand that the Guidelines are
only advisory and just one of the factors the Court will consider under Title 18, United
States Code, Section 3553(a) in imposing a sentence, pursuant to Rule II(c)(l)(C), Fed.
R. Crim. P., the parties stipulate and agree that the below guideline calculations are
appropriate for the charge for which the defendant is pleading guilty:
Base Offense Level: 	2Ll.1(a)(3) 	12
Reckless substantial risk of bodily harm 	2L 1.1 (b )( 6) 	+6
Acceptance of Responsibility 	3E 1.1 (a) & (b) 	-3
Early Disposition/Government Savings 	5K3.1I5K2.0 	-2
Total Adjusted Offense Level: 	13
//
2
Case 4:13-cr-00709-CKJ-LAB Document 75 Filed 12/31/25 Page 9 of 31

5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
2. 	Sentencing Range: 	Pursuant to Fed. 	R. 	Crim. 	P., 	Rule 	11(c)(l)(C), the
government and the defendant stipulate and agree that the following is an appropriate
disposition of this case, based on the defendants criminal history category (CHC):
CHC I: a sentencing range of 12 - 	18 months imprisonment.
CHC II: a sentencing range of 15 - 21 months imprisonment.
CHC III: a sentencing range of 18 - 24 months imprisonment.
CHC IV: a sentencing range of24 - 30 months imprisonment.
CHC V: a sentencing range of30 - 37 months imprisonment.
CHC VI: a sentencing range of 33 - 41 months imprisonment.
3. The defendant may withdraw from the plea agreement if helshe receives a
sentence that exceeds the stipulated ranges listed above.
4. If the defendant moves for any adjustments in Chapters Two, Three or Four of
the Sentencing Guidelines or any "departures" from the Sentencing Guidelines, the
government may withdraw from this agreement. If the defendant argues for a variance
under 18 U.S.C. §3553(a) in support of a sentence request below the stipulated range in
this agreement, the government may oppose the requested variance. 	The government,
however, will not withdraw from the agreement if the defendant argues for, and the Court
· grants, a variance below the stipulated range in this agreement.
5. 	The parties agree that the defendant was an average participant in the offense
for the purpose of role analysis under U.S.S.G. §§3Bl.l and 3B 1.2.
6. 	If the Court, after reviewing this plea agreement, concludes any provision is
inappropriate under Rule 11(c)(5), Fed. R. Crim. P., it may reject the plea agreement,
giving 	the 	defendant, 	in 	accordance with 	Rule 	11(d)(2)(A), 	Fed. 	R. 	Crim. 	P., 	an
opportunity to withdraw the defendant's guilty plea.
II
3
Case 4:13-cr-00709-CKJ-LAB Document 75 Filed 12/31/25 Page 10 of 31

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
7. 	The defendant recognizes that pleading guilty may have consequences with
respect to hislher immigration status if defendant is not a citizen of the United States.
Under federal 	law, a broad range of crimes are removable offenses, 	including the
offense(s) to which defendant is pleading guilty. 	Removal 	and other immigration
consequences may be the subject of a separate judicial or administrative proceeding, and
the defendant has discussed the direct and collateral implications this plea agreement may
have with his or her defense attorney. 	Defendant nevertheless affirms that he/she wants
to plead guilty regardless of any immigration consequences that this plea may entail, even
if the consequence is defendant's automatic removal from the United States.
8. 	The government will move to dismiss the remaining counts of the indictment
at the time of sentencing.
Plea Addendum
This written plea agreement, and any written addenda filed as attachments to this
plea agreement, 	contain 	all 	the 	terms 	and 	conditions 	of the 	plea. 	Any 	additional
agreements, if any such agreements exist, shall be recorded in a separate document and
may be filed with the Court under seal. Accordingly, additional agreements, if any, may
not be in the public record.
Waiver of Defenses and Appeal Rights
The 	defendant 	waives 	any 	and 	all 	motions, 	defenses, 	probable 	cause
determinations, and objections which the defendant could assert to the information or
4
II
Case 4:13-cr-00709-CKJ-LAB Document 75 Filed 12/31/25 Page 11 of 31

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
indictment, or to the petition to revoke, or to the Court's entry of judgment against the
defendant and imposition of sentence upon the defendant providing the sentence is
consistent with this agreement. 	The sentence is in accordance with this agreement if the
sentence imposed is within the stipulated range or below the stipulated range if the Court
grants a variance. 	The defendant further waives: (1) any right to appeal the Court's entry
of judgment against defendant; (2) any right to appeal the imposition of sentence upon
defendant under Title 18, United States Code, Section 3742 (sentence appeals); (3) any
right to appeal the district court's refusal to grant a requested variance; (4) any right to
collaterally attack defendant's conviction and sentence under Title 28, United States
Code, Section 2255, or any other collateral attack; and (5) any right to file a motion for
modification of sentence, including under Title 18, United States Code, Section 3582(c).
The defendant acknowledges that this waiver shall result in the dismissal of any appeal or
collateral attack the defendant might file challenging hislher conviction or sentence in
this case. 	If the defendant files a notice of appeal or a habeas petition, notwithstanding
this agreement, defendant agrees that this case shall, upon motion of the government, be
remanded to the district court to determine whether defendant is in breach of this
agreement and, if so, to permit the government to withdraw from the plea agreement.
Reinstitution of Prosecution
Nothing in this agreement shall be construed to protect the defendant in any way
from prosecution for perjury, false declaration or false statement, or any other offense
5
II
Case 4:13-cr-00709-CKJ-LAB Document 75 Filed 12/31/25 Page 12 of 31

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
committed by the defendant after the date of this agreement. 	In addition, if the defendant
commits any criminal offense between the date of this agreement and the date of
sentencing, the government will have the right to withdraw from this agreement. 	Any
information, statements, documents and evidence which the defendant provides to the
United States pursuant to this agreement may be used against the defendant in all such
proceedings.
If the defendant's guilty plea is rejected, withdrawn, vacated, or reversed by any
court in a later proceeding, the government will be free to prosecute the defendant for all
charges as to which it has knowledge, and any charges that have been dismissed because
of this plea agreement will be automatically reinstated. 	In such event, the defendant
waives any objections, motions, or defenses based upon the Speedy Trial Act or the Sixth
Amendment to the Constitution as to the delay occasioned by the later proceedings.
Defendant agrees that the stipulated sentencing ranges set forth under "Agreements
Regarding Sentence" will not be offered if prosecution is re-instituted.
Disclosure ofInformation to U.S. Probation Office
The defendant understands the government's obligation to provide all information
in its file regarding defendant to the United States Probation Office. 	The defendant fully
understands and agrees to cooperate fully with the United States Probation Office in
providing all information requested by the probation officer.
6
/1
Case 4:13-cr-00709-CKJ-LAB Document 75 Filed 12/31/25 Page 13 of 31

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Effect on Other Proceedings
I further understand that if! violate any of the conditions of my supervised release,
my supervised release may be revoked. 	Upon such revocation, notwithstanding any
other provision of this agreement, I may be required to serve a term of imprisonment or
my sentence may otherwise be altered.
WAIVER OF DEFENDANT'S RIGHTS
I have read each of the provisions of the entire plea agreement with the assistance
of counsel 	and 	understand 	its 	provisions. 	I 	have 	discussed 	the 	case 	and 	my
constitutional and other rights with my attorney. 	I understand that by entering my plea
of guilty I will be giving up my right to plead not guilty; to trial by jury; to confront,
cross-examine, and compel the attendance of witnesses; to present evidence in my
defense; to remain silent and refuse to be a witness against myself by asserting my
privilege against self-incrimination; all with the assistance of counsel, to be presumed
innocent until proven guilty beyond a reasonable doubt, and to appeal.
I agree to enter my gUilty plea as indicated above on the terms and conditions set
forth in this agreement.
I have been advised by my attorney of the nature of the charge to which I am
entering my guilty plea. 	I have further been advised by my attorney of the nature and
range of the possible sentence.
II
7
Case 4:13-cr-00709-CKJ-LAB Document 75 Filed 12/31/25 Page 14 of 31

5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
1
My guilty plea is not the result of force, threats, assurance or promises other than
the promises contained in this agreement. 	I agree to the provisions of this agreement as a
voluntary act on my part, rather than at the direction of or because of the recommendation
of any other person, and I agree to be bound according to its provisions.
I agree that this written plea agreement contains all the terms and conditions of my
plea and that promises made by anyone (including my attorney) that are not contained
within this written plea agreement are without force and effect and are null and void.
I am satisfied that my defense attorney has represented me in a competent manner.
I am not now on or under the influence of any drug, medication, liquor, or other
intoxicant or depressant, which would impair my ability to fully understand the terms and
conditions of this plea agreement.
FACTUAL BASIS AND SENTENCING FACTOR
I agree that the following facts accurately describe my conduct in connection with
the offense to which I am pleading guilty and that if this matter were to proceed to trial the
government could prove these facts beyond a reasonable doubt:
On or about March 30, 2013, at or near Amado, in the District of Arizona, the
defendant Manuel Raymundo Trujillo, did knowingly transport a group of
illegal aliens further into the United States for the purpose of commercial
advantage and/or private financial gain.
The defendant was driving a vehicle and picked up 5 individuals on
the side of the road near the Santa Cruz River. 	All 5 individuals did not
have any legal permission from either the Attorney General or the Secretary
of the Department of Homeland Security to enter and/or remain in the United
States. 	Augustine Lopez-Cacatzum was an 	illegal 	alien and 	identified
Manuel 	Raymundo 	Trujillo 	as 	the 	driver 	of the 	vehicle. 	Manuel
Raymundo Trujillo was hired to transport the group to Tucson, Arizona.
//
8
Case 4:13-cr-00709-CKJ-LAB Document 75 Filed 12/31/25 Page 15 of 31

5
10
15
20
25
1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
Augustine 	Lopez-Cacatzum was 	charged $500 	to 	be 	taken 	to 	Tucson.
Manuel Raymundo Trujillo slowed his vehicle, told the individuals to run,
and when the rear doors opened Manuel Raymundo Trujillo slammed on
the brakes. 	Manuel Raymundo Trujillo, knew these individuals were
illegally 	present 	in 	the 	United 	States 	and 	intended 	to 	transport 	these
individuals within the United States in further violation of law.
Date 	~	Trujillo,	Manuel Raymund
Defendant
DEFENSE ATTORNEY'S APPROVAL
I have discussed this case and the plea agreement with my client in detail and have
advised the defendant of all matters within the scope of Rule 11, Fed. R. Crim. P., the
constitutional and other rights of an accused, the factual basis for and the nature of the
offense to which the guilty plea will be entered, possible defenses, and the consequences
of the guilty plea, including the defendant's waiver of the right to appeal. 	No assurances,
promises, or representations have been given to me or to the defendant by the government
or by any of its representatives which are not contained in this written agreement.
concur in the entry of the plea as indicated above and on the terms and conditions set forth
in this agreement as in the best interests of my client. 	I agree to make a bona fide effort
to ensure the guilty plea is entered in accordance with all the requirements of Rule 11,
Fed. R. Crim. P.
I translated or caused to be translated this agreement from English into Spanish to
the defendant on the jltL. 	dayof 	~ 	,2013.
74/13 	~c,./bl~Date 	Steph ni 	C. Sto tman
Attorney for Defendant
9
I
Case 4:13-cr-00709-CKJ-LAB Document 75 Filed 12/31/25 Page 16 of 31

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
GOVERNMENT'S APPROVAL
I have reviewed this matter and the plea agreement. 	I agree on behalf of the
United States that the terms and conditions set forth are appropriate and are in the best
interests of justice.
JOHN S. LEONARDO
United States Attorney
District of Arizona
7/z,//I'$
Date
10
Case 4:13-cr-00709-CKJ-LAB Document 75 Filed 12/31/25 Page 17 of 31

Instructions for Filing a Motion to Vacate, Set Aside, or Correct a Sentence
by a Person in Federal Custody (Motion Under 28 U.S.C. § 2255)
in the United States District Court for the District of Arizona
1. 	Who May Use This Form. 	To use this form, you must be a person who is serving a sentence
under a judgment against you in a federal court. 	You also may use this form to challenge a federal
judgment that imposed a sentence to be served in the future. You are asking for relief from the
conviction or the sentence. This form is your motion for relief. 	In this motion, you may challenge
only one judgment. 	If you want to challenge more than one judgment, you must file a separate
motion for each judgment. 	This form should not be used in death penalty cases. 	If you were
sentenced to death, you are entitled to the assistance of counsel and you should request the
appointment of counsel.
2. 	The Form. 	Local Rule of Civil Procedure (LRCiv) 3.5(a) requires that motions to vacate
must be filed on the court-approved form. 	The form must be typed or neatly handwritten. 	All
questions must be answered clearly and concisely in the appropriate space on the form. 	If needed,
you may attach additional pages. 	The form, however, must be completely filled in to the extent
applicable. 	You do not need to cite law. 	If you want to file a brief or arguments, you must attach
a separate memorandum.
3. 	Your Signature. 	You must tell the truth and sign the form. 	If you make a false statement of a
material fact, you may be prosecuted for perjury.
4. 	No Filing Fee. 	No fee is required with this motion.
5. 	Original and Judge’s Copy. 	You must send an original and one copy of your motion and of
any other document submitted to the Court. 	You must send one additional copy to the Court if
you wish to have a file-stamped copy of the document returned to you. 	All copies must be
identical to the original. 	Copies may be legibly handwritten.
6. 	Where to File. 	You must file the form in the United States District Court that entered the
judgment that you are challenging. 	When you have completed the form, mail the original and
one copy to the Clerk of the United States District Court at the division where you were sentenced:
Phoenix & Prescott Divisions: 	OR 	Tucson Division:
U.S. District Court Clerk 	U.S. District Court Clerk
U.S. Courthouse, Suite 130 	U.S. Courthouse, Suite 1500
401 West Washington Street, SPC 10 	405 West Congress Street
Phoenix, Arizona 	85003-2119 	Tucson, Arizona 	85701-5010
7. 	Change of Address. 	You must immediately notify the Court and respondents in writing of
any change in your mailing address. 	Failure to notify the Court of any change in your mailing
address may result in the dismissal of your case.
Case 4:13-cr-00709-CKJ-LAB Document 75 Filed 12/31/25 Page 18 of 31

2
8. 	Certificate of Service. 	You must provide the respondent with a copy of any document you
submit to the Court (except the initial motion to vacate). 	Each original document (except the
initial motion to vacate) must include a certificate of service on the last page of the document
stating the date a copy of the document was mailed to the respondent and the address to which it
was mailed. 	Fed. R. Civ. P. 5(a), (d). 	Any document received by the Court that does not include
a certificate of service may be stricken. 	A certificate of service should be in the following form:
I hereby certify that a copy of the foregoing document was mailed
this 	(month, day, year) to:
Name:
Address:
Attorney for Respondent
(Signature)
9. 	Amended Motion to Vacate. 	If you need to change any of the information in the initial
motion to vacate, you must file an amended motion. 	The amended motion must be written on the
court-approved motion to vacate form. 	You may file one amended motion without leave
(permission) of Court within 21 days after serving it or within 21 days after any respondent has
filed an answer, whichever is earlier. 	See Fed. R. Civ. P. 15(a). 	Thereafter, you must file a
motion for leave to amend and lodge (submit) a proposed amended motion to vacate. 	LRCiv
15.1. 	An amended motion may not incorporate by reference any part of your prior motion.
LRCiv 15.1(a)(2). 	Any grounds not included in the amended motion to vacate are
considered dismissed.
10. 	Letters and Motions. 	It is generally inappropriate to write a letter to any judge or the staff of
any judge. 	The only appropriate way to communicate with the Court is by filing a written
pleading or motion.
11. 	Grounds for Relief. 	You must raise all grounds for relief that relate to this conviction or
sentence. 	Any grounds not raised in this motion will likely be barred from being raised at a later
date.
FINAL NOTE
You should follow these instructions carefully. 	Failure to do so may result in your motion
being stricken or dismissed by the Court. 	All questions must be answered concisely in the proper
space on the form. 	If you need more space, you may attach additional pages. 	But the form must
be completely filled in to the extent applicable. 	If you attach additional pages, be sure to identify
which section of the motion is being continued and number all pages.
Case 4:13-cr-00709-CKJ-LAB Document 75 Filed 12/31/25 Page 19 of 31

Revised 3/15/16 	1 	510
___________________________________________
Name and Prisoner/Booking Number
___________________________________________
Place of Confinement
___________________________________________
Mailing Address
___________________________________________
City, State, Zip Code
(Failure to notify the Court of your change of address may result in dismissal of this action.)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
United States of America,
Plaintiff,
v.
__________________________________________ ,
(Full name of Movant. Include the name under
which you were convicted.)
Defendant/Movant.
No. CR __________________________________
(Enter your criminal case number)
No. CV __________________________________
(To be supplied by the Clerk)
MOTION UNDER 28 U.S.C. § 2255
TO VACATE, SET ASIDE OR
CORRECT SENTENCE BY A
PERSON IN FEDERAL CUSTODY
1. 	(a) 	Name and location of court that entered the judgment of conviction you are challenging:
(b) 	Criminal docket or case number:
2. 	Date of judgment of conviction:
3. 	In this case, were you convicted on more than one count or crime? 	Yes G 	No G
4. 	Identify all counts and crimes for which you were convicted and sentenced in this case:
Case 4:13-cr-00709-CKJ-LAB Document 75 Filed 12/31/25 Page 20 of 31

2
5. 	Length of sentence for each count or crime for which you were convicted in this case:
6. 	(a) What was your plea?
Not guilty 	G
Guilty 	G
Nolo contendere (no contest) 	G
(b) 	If you entered a guilty plea to one count or charge, and a not guilty plea to another count or charge, give
details:
(c) 	If you went to trial, what kind of trial did you have? 	(Check one) 	Jury G 	Judge only G
7. 	Did you appeal from the judgment of conviction? 	Yes G 	No G
If yes, answer the following:
(a) 	Date you filed:
(b) 	Docket or case number:
(c) 	Result:
(d) 	Date of result:
(e) 	Grounds raised:
Attach, if available, a copy of any brief filed on your behalf and a copy of the decision by the court.
8. 	Did you file a petition for certiorari in the United States Supreme Court? 	Yes G 	No G
If yes, answer the following:
(a) 	Date you filed:
Case 4:13-cr-00709-CKJ-LAB Document 75 Filed 12/31/25 Page 21 of 31

3
(b) 	Docket or case number:
(c) 	Result:
(d) 	Date of result:
(e) 	Grounds raised:
Attach, if available, a copy of any brief filed on your behalf and a copy of the decision by the court.
9. 	Other than the direct appeals listed above, have you filed any other petitions, applications or motions
concerning this judgment of conviction in any court? 	Yes G 	No G
If yes, answer the following:
(a) 	First petition, application or motion.
(1) 	Date you filed:
(2) 	Name of court:
(3) 	Nature of the proceeding:
(4) 	Docket or case number:
(5) 	Result:
(6) 	Date of result:
(7) 	Grounds raised:
Attach, if available, a copy of any brief filed on your behalf and a copy of the decision by the court.
(b) 	Second petition, application or motion.
(1) 	Date you filed:
Case 4:13-cr-00709-CKJ-LAB Document 75 Filed 12/31/25 Page 22 of 31

4
(2) 	Name of court:
(3) 	Nature of the proceeding:
(4) 	Docket or case number:
(5) 	Result:
(6) 	Date of result:
(7) 	Grounds raised:
Attach, if available, a copy of any brief filed on your behalf and a copy of the decision by the court.
(c) 	Did you appeal the action taken on your petition, application or motion?
(1) 	First petition: 	Yes G 	No G
(2) 	Second petition: Yes G 	No G
(d) 	If you did not appeal from the action your petition, application or motion, explain why you did not:
10. For this motion, beginning on the next page, state every ground on which you claim that you are being
held in violation of the Constitution, laws, or treaties of the United States. 	Attach additional pages if you
have more than four grounds. 	State the facts supporting each ground.
CAUTION: 	If you fail to set forth all the grounds in this motion, you may be barred from presenting
additional grounds at a later date.
Case 4:13-cr-00709-CKJ-LAB Document 75 Filed 12/31/25 Page 23 of 31

5
GROUND ONE:
(a) 	Supporting FACTS (Do not argue or cite law. 	Just state the specific facts that support your claim.):
(b) 	Did you present the issue raised in Ground One to the court of appeals? 	Yes G 	No G
(c) 	If you did not raise this issue in a direct appeal, explain why:
Case 4:13-cr-00709-CKJ-LAB Document 75 Filed 12/31/25 Page 24 of 31

6
GROUND TWO:
(a) 	Supporting FACTS (Do not argue or cite law. 	Just state the specific facts that support your claim.):
(b) 	Did you present the issue raised in Ground Two to the court of appeals? 	Yes G 	No G
(c) 	If you did not raise this issue in a direct appeal, explain why:
Case 4:13-cr-00709-CKJ-LAB Document 75 Filed 12/31/25 Page 25 of 31

7
GROUND THREE:
(a) 	Supporting FACTS (Do not argue or cite law. 	Just state the specific facts that support your claim.):
(b) 	Did you present the issue raised in Ground Three to the court of appeals? Yes G 	No G
(c) 	If you did not raise this issue in a direct appeal, explain why:
Case 4:13-cr-00709-CKJ-LAB Document 75 Filed 12/31/25 Page 26 of 31

8
GROUND FOUR:
(a) 	Supporting FACTS (Do not argue or cite law. 	Just state the specific facts that support your claim.):
(b) 	Did you present the issue raised in Ground Four to the court of appeals? 	Yes G 	No G
(c) 	If you did not raise this issue in a direct appeal, explain why:
Case 4:13-cr-00709-CKJ-LAB Document 75 Filed 12/31/25 Page 27 of 31

9
Please answer these additional questions about this motion:
11. Do you have any motion, petition, or appeal now pending (filed and not decided yet) in any court for the
judgment you are challenging? 	Yes G 	No G
If yes, give the date of filing, the name and location of the court, the docket or case number, the type of
proceeding, and the issues raised:
12. Do you have any future sentence to serve after you complete the sentence imposed by the judgment you are
challenging? 	Yes G 	No G
If yes, answer the following:
(a) 	Name and location of the court that imposed the sentence to be served in the future:
(b) 	Date the sentence was imposed:
(c) 	Length of the sentence:
(d) 	Have you filed, or do you plan to file, any motion, petition or application that challenges the judgment or
sentence to be served in the future? 	Yes G 	No G
13. TIMELINESS OF MOTION: If your judgment of conviction challenged in this motion became final more
than one year ago, you must explain why the one-year statute of limitations in 28 U.S.C. § 2255 does not bar your
motion.*
*Section 2255 provides in part that:
A 1-year period of limitation shall apply to a motion under this section. 	The limitation period shall run
from the latest of C
(1) 	the date on which the judgment of conviction becomes final;
Case 4:13-cr-00709-CKJ-LAB Document 75 Filed 12/31/25 Page 28 of 31

10
(2) the date on which the impediment to making a motion created by governmental action in
violation of the Constitution or laws of the United States is removed, if the movant was prevented
from making such a motion by such governmental action;
(3) 	the date on which the right asserted was initially recognized by the Supreme Court, if that
right has been newly recognized by the Supreme Court and made retroactively applicable to cases
on collateral review; or
(4) 	the date on which the facts supporting the claim or claims presented could have been
discovered through the exercise of due diligence.
14. 	Movant asks that the Court grant the following relief:
or any other relief to which Movant may be entitled. 	(Money damages are not available in § 2255 cases.)
I declare under penalty of perjury that the foregoing is true and correct and that this Motion under 28 U.S.C.
§ 2255 was placed in the prison mailing system on _________________________________(month, day, year).
_______________________________________
Signature of Movant
________________________________________ 	________________________
Signature of attorney, if any 	Date
Case 4:13-cr-00709-CKJ-LAB Document 75 Filed 12/31/25 Page 29 of 31

Administrative Office of the United States Courts 	FOR COURT USE ONLY
TRANSCRIPT ORDER DUE DATE:
OAO 435
AZ Form (Rev. 10/2023)
1. NAME 	2. PHONE NUMBER 	3. DATE
4. FIRM NAME
5. MAILING ADDRESS 	6. CITY 	7. STATE 	8. ZIP CODE
9. CASE NUMBER 	10. JUDGE 	DATES OF PROCEEDINGS
11. 	12.
13. CASE NAME 	LOCATION OF PROCEEDINGS
14. CITY 15. STATE
16. ORDER FOR
9 CRIMINAL	9 APPEAL
9 NON-APPEAL 9 CIVIL
9 CRIMINAL JUSTICE ACT
9 IN FORMA PAUPERIS
BANKRUPTCY
OTHER (Specify)
17. TRANSCRIPT REQUESTED (Specify portion(s) and date(s) of proceeding(s) for which transcript is requested.)
PORTIONS 	DATE(S) 	PORTION(S) 	DATE(S)
9TESTIMONY (Specify)
9PRE-TRIAL PROCEEDING
9OTHER (Specify)
9VOIR DIRE
9OPENING STATEMENT (Plaintiff)
9OPENING STATEMENT (Defendant)
9CLOSING ARGUMENT (Plaintiff)
9CLOSING ARGUMENT (Defendant)
9OPINION OF COURT
9JURY INSTRUCTIONS
9SENTENCING
9BAIL HEARING
18. ORDER
CATEGORY
ORIGINAL + 1
(original to Court,
copy to ordering party)
FIRST
COPY
# OF
ADDITIONAL
COPIES
DELIVERY INSTRUCTIONS
(Check all that apply.) ESTIMATED COSTS
30-Day (Ordinary) 9 9 PAPER COPY
PDF (e-mail)
ASCII (e-mail)
14-Day Transcript 9 9
7-Day (Expedited) 9 9
Next-Day (Daily)
9 9
2-Hour (Hourly)
9 9
Realtime Transcript
9 9 E-MAIL ADDRESS
NOTE: IF ORDERING MORE THAN ONE FORMAT,
THERE WILL BE AN ADDITIONAL CHARGE.	19. SIGNATURE
20. DATE
TRANSCRIPT TO BE PREPARED BY
ESTIMATE TOTAL
PROCESSED BY 	PHONE NUMBER
DATE 	BY	ORDER RECEIVED
DEPOSIT PAID 	DEPOSIT PAID
TRANSCRIPT ORDERED 	TOTAL CHARGES
TRANSCRIPT RECEIVED 	LESS DEPOSIT
ORDERING PARTY NOTIFIED
TO PICK UP TRANSCRIPT TOTAL REFUNDED
PARTY RECEIVED TRANSCRIPT 	TOTAL DUE
DISTRIBUTION: 	COURT COPY 	TRANSCRIPTION COPY 	ORDER RECEIPT 	ORDER COPY
3 -Day Transcript
CERTIFICATION (19. & 20.) By signing below, I certify that I will pay all charges
(deposit plus additional).
Case 4:13-cr-00709-CKJ-LAB Document 75 Filed 12/31/25 Page 30 of 31

AO 435 INSTRUCTIONS
Use. Use this form to order transcript of proceedings. Complete a separate order form for each case number for which transcript is ordered.
Completion. Complete Items 1-20. Do not complete shaded areas which are reserved for the court’s use.
Order Copy. Keep a copy for your records.
Filing with the Court. Parties to the case (and attorneys admitted to practice in our Court) must electronically file the original in the ECF
system. Non-parties and pro se litigants should deliver a copy to the Office of the Clerk of Court or email a copy to the following email address:
Phoenix: phxao435transcriptorders@azd.uscourts.gov Tucson: tucao435transcriptorders@azd.uscourts.gov
Deposit Fee. The court will notify you of the amount of the required deposit fee which may be mailed or delivered to the court. Upon receipt of
the deposit, the court will process the order.
Delivery Time. Delivery time is computed from the date of receipt of the deposit fee or for transcripts ordered by the federal government from
the date of receipt of the signed order form.
Completion of Order. The court will notify you when the transcript is completed.
Balance Due. If the deposit fee was insufficient to cover all charges, the court will notify you of the balance due which must be paid prior to
receiving the completed order.
Items 1-20. 	These items should always be completed.
Item 9. 	Only one case number may be listed per order.
Item 16. 	Place an “X” in each box that applies.
Item 17. 	Place an “X” in the box for each portion requested. List specific date(s) of the proceedings for which transcript is requested.
Be sure that the description is clearly written to facilitate processing. Orders may be placed for as few pages of transcript as
are needed.
Item 18. 	Categories. There are seven (7) categories for ordering transcripts. Orders are considered received upon receipt of the deposit:
30-Day Transcript (Ordinary). A transcript to be delivered within thirty (30) calendar days after receipt of an order.
14-Day Transcript. A transcript to be delivered within fourteen (14) calendar days after receipt of an order.
3-Day Transcript. A transcript to be delivered within three (3) calendar days from receipt of an order.
7-Day Transcript (Expedited). A transcript to be delivered within seven (7) calendar days after receipt of an order.
Next-Day Transcript (Daily). A transcript to be delivered on the calendar day following receipt of the order
(regardless of whether that calendar day is a weekend or holiday) prior to the normal opening hour of the Clerk’s Office.
2-Hour Transcript (Hourly). A transcript of proceedings to be delivered within two (2) hours from receipt of the order.
Realtime Transcript. A draft unedited transcript produced by a certified realtime reporter as a by-product of
realtime to be delivered electronically during proceedings or immediately following adjournment.
NOTE: Full price may be charged only if the transcript is delivered within the required time frame. For example, if an order for expedited
transcript is not completed and delivered within seven (7) calendar days, payment would be at the 14-day delivery rate, and if not completed and
delivered within 14 calendar days, payment would be at the ordinary delivery rate.
Ordering. Place an “X” in each box that applies. Indicate the number of additional copies ordered.
Original. Original typing of the transcript. An original must be ordered and prepared prior to the availability of
copies. The original fee is charged only once. The fee for the original includes the free copy for the court.
First Copy. First copy of the transcript after the original has been prepared. All parties ordering copies must pay this
rate for the first copy ordered.
Additional Copies. All other copies of the transcript ordered by the same party.
Delivery Instructions. Place an "X" in each box that applies. If ordering both paper and electronic copies, there will
be an additional copy charge. Provide e-mail address where electronic e-mail copy should be sent.
Item 19. 	Sign in this space to certify that you will pay all charges. (This includes the deposit plus any additional charges.)
Item 20. 	Enter the date of signing.
Shaded Area. 	Reserved for the court’s use.
Case 4:13-cr-00709-CKJ-LAB Document 75 Filed 12/31/25 Page 31 of 31