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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge Robert E. Blackburn

Date: October 19, 2012

Deputy Clerk: Nel Steffens

Court Reporter: Tracy Weir

Interpreter: Kenneth Hoang

Criminal Action No. 11-cr-00422-REB

Parties: Counsel:

UNITED STATES OF AMERICA,

Plaintiff,

v.

M.J. Menendez

1. HA MANH DO,

2. HAI MANH DO,

Defendants.

Harvey Steinberg

Stephen Alonzi

CHANGE OF PLEA MINUTES

10:11 a.m. Court in session.

Appearances of counsel.

Defendants are present on bond.

The Plea Agreement (Court’s Exhibit 1) and Defendant’s Statement in Advance of Plea

of Guilty (Court’s Exhibit 2) as to each defendant are tendered to the Court.

Defendants tender Waivers of Indictment to the Court.

Interpreter is sworn; parties stipulate as to interpreter’s qualifications. Interpreter is

present to assist defendant (2) Hai Manh Do.

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Defendants are sworn.

Defendant (1) Ha Manh Do is forty-nine years old, alert, competent, literate, and sober. 

Defendant (2) Hai Manh do is forty-five years old, alert, competent, literate, and sober.

Defendants waive formal reading of the Information.

Defendants confirm the Court’s understanding of the terms of the plea agreement.

Each defendant confirms that he has read and understands the written plea agreement;

that he has reviewed the written plea agreement carefully and thoroughly with his

attorney; that he has no questions or concerns about the written plea agreement; and

that he has signed the written plea agreement voluntarily with the advice and assistance

of counsel.

Defendants are advised of all matters required by Fed.R.Crim.P. 11(b)(1)(A)-(M).

Each defendant withdraws his existing plea of not guilty to the offense made the subject

of the plea agreement.

Defendants waive re-arraignment on Count One of the Information.

Each defendant enters plea of guilty to Count One of the Information pursuant to plea

agreement.

Court’s Findings of Fact and Conclusions of Law will be issued electronically.

IT IS ORDERED as follows:

1. That Court’s Exhibits 1 and 2 as to each defendant, which state the plea

agreement, are admitted in evidence;

2. That formal approval of the plea agreements is deferred, pending

consideration of the presentence report as to each defendant;

3. That the plea of guilty to Count One of the Information entered by each

defendant is received, accepted and approved;

4. That each defendant is found guilty of the crime charged in Count One of

the Information;

5. That the Probation Department shall conduct a presentence investigation

and file a presentence report as to each defendant as required by 18

U.S.C. § 3552 and Fed.R.Crim.P. 32;

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6. That defendants’ counsel shall contact the Probation Department as soon

as practicable to arrange, schedule, and coordinate the defendants’

involvement and participation in the presentence investigations, and the

defendants shall cooperate fully with the probation department during the

pre-sentence investigations;

7. That the matter is continued to February 22, 2013, at 10:00 a.m., as to

defendant (1) Ha Manh Do, and February 22, 2013, at 11:00 a.m., as to

defendant (2) Hai Manh Do for sentencing, at which counsel and the

defendants shall appear without further notice or order;

8. That any pending pretrial motion filed by or on behalf of the defendants is

denied as moot, including, but not limited to, as to defendant (1) Ha Manh

Do, documents #92, #95, #97, #99, #100, #101, #102, #104, #106, #107,

#108, #118, #146, and as to defendant (2) Hai Manh Do, documents #80,

#81, #82, #83, #103, #105, #109, #112, #113, #114, #115, #116, #146;

9. That any Trial Preparation Conference and trial are vacated (as to the

defendants); and

10. That defendants are released on bond, which are continued to the

sentencing hearings.

11:06 a.m. Court in recess.

Total time in court: 00:55

Hearing concluded.

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