USA v. Montelongo et al

ORDER APPROVING PRETRIAL DIVERSION AGREEMENT - 1
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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF WASHINGTON

UNITED STATES OF AMERICA,

Plaintiff,

v.

MARIA T. MONTELONGO (7),

Defendant.

Case No. 1:23-CR-2039-MKD-7

ORDER APPROVING PRETRIAL
DIVERSION AGREEMENT

On Tuesday, August 13, 2024, the Defendant appeared in person and was
represented by Robin Emmans. Assistant United States Attorney Michael Murphy
appeared on behalf of the United States. At the hearing, the parties presented the
Court with a Pretrial Diversion Agreement, ECF No. 176. The Court reviewed the
Pretrial Diversion Agreement with the Defendant in open court. The Court finds
that the Defendant is competent and capable of entering into the agreement, aware
of the consequences of noncompliance, and her entry into the agreement is
knowing, intelligent and voluntary. The Court has reviewed and considered the
Pretrial Diversion Agreement proposed by the parties and has not passed judgment
on the merits or wisdom, of the diversion, and the Court approves the Pretrial
Diversion Agreement.
Accordingly, IT IS HEREBY ORDERED:
1. The Pretrial Diversion Agreement, ECF No. 176, is APPROVED.
FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
SEAN F. MCAVOY, CLERK
Aug 14, 2024
Case 1:23-cr-02039-MKD ECF No. 178 filed 08/14/24 PageID.<pageID> Page
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ORDER APPROVING PRETRIAL DIVERSION AGREEMENT - 2
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2. Pursuant to the Pretrial Diversion Agreement and 18 U.S.C. § 3161(h)(2),
prosecution shall be deferred for up to 24 months, or up to 36 months if
the term of the agreement is extended by the Court.
3. Pursuant to 18 U.S.C. § 3161(h)(2) and the Pretrial Diversion Agreement
between the Parties, the time period of 24 months from the effective date
of the Pretrial Diversion Agreement, or up to 36 months if the term of the
agreement is extended by the Court, shall be excluded for purposes of
computing time under the Speedy Trial Act.
4. A status conference is SET for August 11, 2026, at 10:00 a.m. in
Yakima, Washington.
IT IS SO ORDERED. The District Court Executive is directed to enter this
Order and provide copies to all counsel and the United States Probation/Pretrial
Services Office.
DATED August 14, 2024.

s/Mary K. Dimke
MARY K. DIMKE
UNITED STATES DISTRICT JUDGE

Case 1:23-cr-02039-MKD ECF No. 178 filed 08/14/24 PageID.<pageID> Page
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