Stipulation for Pre-Sentence Payment Toward Restitution — United States v. Mikaela Marie Cuevas (Document 20)

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Stipulation for Pre-Sentence Payment Toward Restitution, Document 20, filed April 20, 2023 in United States of America v. Mikaela Marie Cuevas, Case No. 2:22-CR-00286-CDS-BNW, U.S. District Court, District of Nevada. The parties stipulate to a pre-sentence deposit of funds with the Clerk of Court, to be applied toward restitution when judgment is entered. The stipulation states that the defendant pleaded guilty to one count of Wire Fraud under 18 U.S.C. §1343 and that the government determined restitution of $46,890.31 owed as of April 18, 2023. Sentencing is stated as currently scheduled for May 24, 2023, and the signature blocks show /s/ Kimberly M. Frayn and /s/ Aden Kebede.

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           Case 2:22-cr-00286-CDS-BNW Document 20 Filed 04/20/23 Page 1 of 3



 1 JASON M. FRIERSON
   United States Attorney
 2 Nevada Bar No. 7709
   KIMBERLY M. FRAYN
 3 Assistant United States Attorney
   501 Las Vegas Boulevard South, Suite 1100
 4 Las Vegas, Nevada 89101
   Tel: (702) 388-6336
 5 Fax: (702) 388-6418
   Kimberly.Frayn@usdoj.gov
 6 Attorneys for the United States

 7

 8                            UNITED STATES DISTRICT COURT
                                   DISTRICT OF NEVADA
 9
                                                   Case No. 2:22-CR-00286-CDS-BNW
10 UNITED STATES OF AMERICA,
                                                   STIPULATION FOR PRE-SENTENCE
11                        Plaintiff                PAYMENT TOWARD RESTITUTION

12          v.

13 MIKAELA MARIE CUEVAS,

14                       Defendant

15          The parties, pursuant to 28 U.S.C. §§ 2041-2042, hereby stipulate to the pre-

16   sentence deposit of funds to be withdrawn and applied toward Defendant Mikaela Marie

17   Cuevas’s restitution amount in this matter at the time judgment is entered. The stipulation

18   is based on the following:

19          1.     On February 23, 2023, Defendant Mikaela Marie Cuevas (“Cuevas”) was

20   charged by way of an Information upon a Waiver of Indictment with one count of Wire

21   Fraud in violation of 18 U.S.C. §1343. ECF 7 and 10.

22          2.     That same day, pursuant to a written plea agreement, Cueva pled guilty to

23   the one count Information charging her with Wire Fraud in violation of 18 U.S.C. §1343.

24   ECF 9 and 10.
           Case 2:22-cr-00286-CDS-BNW Document 20 Filed 04/20/23 Page 2 of 3



 1          3.     Pursuant to the Plea Agreement, Cuevas agreed to “pay full restitution to the

 2 victims of the offense to which defendant is pleading guilty. … In particular, defendant

 3 agrees that the Court may order restitution to any victim of any of the following for any

 4 losses suffered by that victim as a result: (a) any relevant conduct, as defined in USSG §

 5 1B1.3, in connection with the offenses to which defendant is pleading guilty; and (b) any

 6 charges not prosecuted pursuant to this agreement as well as all relevant conduct, as

 7 defined in USSG § 1B1.3, in connection with those charges.” ECF 9 at paragraph 5. She

 8 also agreed to “pay the full restitution amount as determined by the government to the US

 9 District of Nevada Clerk of Court after entering her guilty plea and before the sentencing

10 hearing. As to any remaining restitution outstanding at the sentencing hearing, defendant

11 agrees that any schedule of payments entered by the district court is a schedule of the

12 minimum payment due and does not prohibit or limit the methods by which the USAO

13 may immediately enforce and collect the judgment in full.” ECF 9 at paragraph 1(k).

14          4.     The government has determined that Cuevas has agreed to pay the full

15 restitution amount of $46,890.31, which is currently owed by her as of April 18, 2023.

16          5.     The parties have conferred and hereby stipulate to the pre-sentence deposit

17 of restitution funds with the Clerk of Court, to be held until the Judgment is entered in this

18 matter by the Court.

19          6.     The parties seek an order directing the Clerk of Court to accept Cuevas’s pre-

20 sentence payments for restitution. Pursuant to 28 U.S.C. § 2041, the Clerk of Court is

21 authorized to accept and hold such funds on behalf of Cuevas until the time of sentencing,

22 which is currently scheduled for May 24, 2023. Further, pursuant to 28 U.S.C. § 2042, the

23 parties request an order that upon the entry of a criminal judgment in this case, the Clerk of

24 Court is to withdraw and apply the deposited funds to the criminal financial obligations,

     including restitution, imposed against Cuevas in the sequence established in 18 U.S.C. §
                                                  2
     3612(c).
          Case 2:22-cr-00286-CDS-BNW Document 20 Filed 04/20/23 Page 3 of 3



 1         7.     Cuevas may submit payment by cash, cashier’s check, or money order made

 2 payable to “Clerk, U.S. District Court” with “2:22-CR-00286-CDS-BNW” noted on each

 3 payment mailed or delivered to:

 4                Clerk of the Court, District of Nevada
                  333 Las Vegas Boulevard, South
 5                Room 1334
                  Las Vegas, Nevada 89101
 6

 7         WHEREFORE, the parties stipulate for an order directing the Clerk of Court to

 8 accept pre-sentence payments to be held on deposit until judgment is entered, and

 9 thereafter applied toward the criminal monetary penalties, including restitution, imposed

10 in this matter as provided by law and in accordance with the Clerk’s standard operating

11 procedures.
         Respectfully submitted this 19th day of April, 2023.
12

13 JASON FRIERSON
   United States Attorney
14
    /s/ Kimberly M. Frayn
15 KIMBERLY M. FRAYN
   Assistant United States Attorney
16
   RENE L. VALLADARES
17 Federal Public Defender

18 /s/ Aden Kebede
   ADEN KEBEDE
19 Assistant Federal Public Defender
   Attorney for Defendant CUEVAS
20                                            IT IS SO ORDERED:

21
                                              ____________________________________
22                                            UNITED STATES DISTRICT JUDGE

23                                            DATED: April 20, 2023
                                                    ________________________

24

                                                 3


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