IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
August 4, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
BECKY MARTINEZ DEFENDANT.
The opinion of the court was delivered by: Hon. Magistrate Judge Dale A. Drozd
APPLICATION FOR AN ORDER TO EXONDERATE UN-SECURED BOND AND RETURN PASSPORT
Defendant Becky Martinez, through her attorney William E. Bonham, hereby requests that the Court order the $100,000.00 un-secured bond securing her release be exonerated and her passport released to her attorney since Ms. Martinez has plead guilty and was sentenced pursuant to her plea agreement and has begun serving her sentence.
At a detention hearing held on August 31, 2007, U.S. Magistrate Judge Drozd ordered Ms. Martinez released Pretrial Conditions, among them that she surrender her passport, third party custody, and a $100,000.00 un-secured bond signed by the defendant and co-signed by two additional family members. On August 31, 2007, Ms. Martinez, through counsel, surrendered her passport to the U.S. District Clerk's office.
At judgment and sentencing held on May 7, 2009, Ms. Martinez plead guilty, per her written plea agreement, to count 1 of the superseding information, unlawful use of a communication facility, and was sentenced to 24 months imprisonment and 12 months TSR. She was given a self surrender date of June 18, 2009 and awaited designation by the Bureau of Prisons.
Ms. Martinez's self surrender date was extended twice to July 16, 2009 in order to appeal the Bureau of Prisons facility designation of Victorville Med. II. Ms. Martinez's appeal was ultimately denied and she surrendered herself to Victorville Med. II on July 16, 2009 to begin serving her sentence.
At this time Ms. Martinez requests, through counsel, that the unsecured appearance bond securing her release be exonerated and her passport returned.
IT IS HEREBY ORDERED that the unsecured appearance bond securing defendant Becky Martinez's release in the above-captioned case be exonerated. It is also ordered the Ms. Martinez's passport be released to her attorney Mr. Bonham, or his assistant Niki Serna.
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