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United States v. Pellor

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 27, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
CHRISTIAN PELLOR, DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Edward J. Garcia

DEFENDANT'S UNOPPOSED NOTICE AND MOTION TO EXTEND SELF-SURRENDER DATE; ORDER

To: LAWRENCE G. BROWN THOMAS, Acting United States Attorney, and JILL , Assistant United States Attorney, Attorneys for the Plaintiff: PLEASE TAKE NOTICE that the defendant, CHRISTIAN PELLOR, through counsel undersigned is requesting that his self-surrender date be extended from January 28, 2009 at 2:00 p.m. to February 17, 2009 at 2:00 p.m. No court date is requested.

On December 17, 2008, Mr. Pellor was sentenced to 26 months in BOP custody followed by 36 months of supervised release.*fn1 The J&S was signed and filed on December 23, 2008. The Court ordered that Mr. Pellor was to self-surrender on January 28, 2009 before 2:00 p.m.

BOP designations are now done in a centralized location in Texas. The designation is then communicated through the Sacramento USMS to the defendant and defense counsel. In this case, BOP has not yet completed the designation process. For this reason, we are requesting an extension of the self-surrender date.

Counsel undersigned has communicated with Ms. Thomas, counsel for the Plaintiff. She has no objection to this request. Mr. Pellor's pretrial services officer is Darryl Walker. He also has no objection to this request.

If the turn in date is not extended, Mr. Pellor would have to turn himself in to the USMS here in Sacramento. He would be booked into the Sacramento County Jail. The number of federal inmates currently held at the Sacramento County Jail already exceeds the number the USMS contracts for. In fact, some inmates have been moved to outlying areas such as the Nevada County Jail. There is no need for the Sacramento USMS to incur the expense of housing and transporting Mr. Pellor just because the BOP has not designated him in the 5 weeks since he was sentenced.

ORDER

For the reasons set forth above and good cause appearing it is hereby ordered that:

Defendant Christian Pellor's presently scheduled self-surrender date of January 28, 2009 by 2:00 p.m. be extended to February 17, 2009 by 2:00 p.m. All other orders regarding his sentence and conditions of release are to remain in full force and effect.

IT IS SO ORDERED.

EDWARD J. GARCIA, U. S. DISTRICT JUDGE


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