5-13-16 -- judicial notice of baca plea deal

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KAREN L. LANDAULaw Offices of Karen L. Landau2626 Harrison StreetOakland, CA 94612

Telephone: 510-839-9230

ATTORNEY FOR SCOTT CRAIG

HILARY POTASHNERFederal Public DefenderGAIL IVENSELIZABETH RICHARDSON-ROYER

Deputy Federal Public Defenders321 East 2nd StreetLos Angeles, CA 90012-4202Telephone 213-894-5092

ATTORNEYS FOR MARICELALONG

Case: 14-50441, 04/12/2016, ID: 9937000, DktEntry: 82, Page 2 of 25


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On February 10, 2016, former Sheriff Leroy Baca pleaded guilty to a single

count of making a false statement to federal investigators on April 12, 2013, in

violation of 18 U.S.C. § 1001(a)(2). (CR 16-0066-PA.) Baca admitted that he

knowingly and falsely denied that LASD deputies Craig and Long were going to

approach FBI Agent Marx on September 26, 2011. (See attached Exhibit 1 at 6,

hereinafter ‘‘Baca Plea.’’) Baca obtained a plea agreement pursuant to Fed. R.

Crim. P. 11(c)(1)(C) under which the parties agreed to a maximum sentence of 6

months, three years’ supervised release and a $100 special assessment. (Baca Plea

at 9.) The district court accepted Baca’s plea. He has not yet been sentenced.

Appellants Scott Craig and Maricela Long, through counsel, respectfully

request that the Court take judicial notice of the attached plea agreement. This

request is supported by the declaration of counsel. As of the time this request is

being submitted, the government has not yet responded to an e-mail requesting

their position.

This Court ‘‘may judicially notice a fact that is not subject to reasonable

dispute because it . . . can be accurately and readily determined from sources whose

accuracy cannot reasonably be questioned.’’ Fed. R. Evid. 201(b)(2). In fact, the

Court ‘‘must take judicial notice if a party requests it and the court is supplied with

the necessary information.’’ Fed. R. Evid. 201(c)(2). Judicial notice may be taken

‘‘at any stage of the proceeding.’’ Fed. R. Evid. 201(d); see also Fed. R. Evid. 201,

Advisory Committee Notes (‘‘In accord with the usual view, judicial notice may be

taken at any stage of the proceedings, whether in the trial court or on appeal.’’);

Fed. R. Evid. 1101(a) (rules of evidence apply to proceedings in this Court); Lowryv. Barnhart , 329 F.3d 1019, 1024-25 (9th Cir. 2003) (this Court may take judicial

notice of a document at a party’s formal request).

‘‘Requests for judicial notice and responses thereto filed during the

pendency of the case are retained for review by the panel that will consider the

merits of a case. The parties may refer to the materials the request addresses with



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the understanding that the Court may strike such references and related arguments

if it declines to grant the request.’’ Circuit Rule 27-1, Advisory Committee Note 7.

The document for which Mr. Craig and Ms. Long request judicial notice is

relevant to the argument in the second supplemental brief that the sentences

imposed are substantively unreasonable. It is part of the official case file in a district

court proceeding, and judicial notice is proper under Fed. R. Evid. 201(b)(2).

Accordingly, appellants Scott Craig and Maricela Long respectfully request

that the Court take judicial notice of the attached plea agreement.

Respectfully submitted,

DATED: April 12, 2016 By s/ Gail Ivens GAIL IVENSDeputy Federal Public DefenderAttorney for Marcela Long



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DECLARATION OF GAIL IVENS

I declare under penalty of perjury that to the best of my knowledge, the

following is true:

I am a Deputy Federal Public Defender in the Central District of California. I

am appointed, along with Deputy Federal Public Defender Elizabeth Richardson-

Royer, to represent Defendant-Appellant Maricela Long on this appeal. Mr. Craig

is represented by Karen L. Landau. Ms. Long and Mr. Craig are out of custody on

bail pending appeal granted by a motions panel of this Court on Friday, February

27, 2015.

All ordered transcripts have been filed.

On April 5, 2016, Ms. Landau and I exchanged e-mails with Assistant United

States Attorney Ashley Aull, who advised me the government objects to our

request to file a second supplemental opening brief. I did not ask Ms. Aull if she

specifically objected to the request for judicial notice of the plea agreement in the

Baca matter, CR 16-0066-PA. I e-mailed her yesterday afternoon to inquire, but

have not yet received an answer.

Dated: April 12, 2016Respectfully submitted,

s/ GAIL IVENS

GAIL IVENS

Deputy Federal Public Defender



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Exhibit 1



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Case 2:16-cr-00066-PA Document 5 Filed 02/10/16 Page 1 of 18 Page ID #:10 Case: 14-50441, 04/12/2016, ID: 9937000, DktEntry: 82, Page 7 of 25


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CERTIFICATE OF SERVICE

I hereby certify that on April 12, 2016, I electronically filed the foregoing

with the Clerk of the Court for the United States Court of Appeals for the Ninth

Circuit by using the appellate CM/ECF system.

I certify that all participants in the case are registered CM/ECF users and

that service will be accomplished by the appellate CM/ECF system.

Diana Miner

Diana Miner


5-13-16 -- judicial notice of baca plea deal

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