UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
July 27, 2006
UNITED STATES OF AMERICA, PLAINTIFF,
JOHN KAROW, DEFENDANT.
The opinion of the court was delivered by: C.J. Vaughn R. Walker U.S. District Judge
PARTIES' STIPULATION AND PROPOSED ORDER RE SOCIAL SECURITY AND MEDICARE BENEFITS
The parties hereby agree to the following and request that the Court rescind its earlier Order allowing Defendant John Karow to receive Social Security benefits while incarcerated. 1. On March 8, 2006, the Court sentenced John Karow on one count of Transportation of Child Pornography (18 U.S.C. § 2252A(a)(1)) to sixty-three months imprisonment. 2. On March 24, 2006, based on the parties stipulation, the Court ordered that "Defendant John Karow not be denied Social Security benefits, and that he not be un-enrolled from Medicare, while incarcerated." 3. The parties have since learned that under Title 42 U.S.C. § 402(x) Social Security benefits can not be paid "to any individual for any month ending with or during or beginning with or during a period of more than 30 days throughout all of which such individual--(i) is confined in a jail, prison, or other penal institution or correctional facility pursuant to his conviction of a criminal offense." 4. Accordingly. the parties agree that this Court should rescind the portion of its March 24, 2006 Order stating that "Defendant John Karow not be denied Social Security benefits . . . while incarcerated." DATED: 7/25/06
KEVIN V. RYAN United States Attorney JONATHAN SCHMIDT Assistant United States Attorney DATED: 7/20/06 CLARENCE & DYER LLP NANCI L. CLARENCE Attorney for Defendant John Karow
ORDER Pursuant to the above stipulation of the parties, IT IS ORDERED that the portion of the Court's March 24, 2006 Order stating that Defendant John Karow not be denied Social Security benefits . . . while incarcerated" is rescinded.
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