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United States v. Martinez

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


September 21, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MICHAEL PAUL MARTINEZ, 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, United States Attorney, and JASON HITT, Assistant United States Attorney, Attorneys for the Plaintiff:

PLEASE TAKE NOTICE that defendant, MICHAEL PAUL MARTINEZ, through counsel undersigned is requesting that his self-surrender date be extended from September 25, 2009 by 2:00 p.m. to September 30, 2009 by 2:00 p.m. No court date is requested.

BACKGROUND

On August 14, 2009, Mr. Martinez was sentenced to 42 months in BOP custody to be followed by 60 months of supervised release. At that time the defense asked for, and received, a self-surrender date of September 25, 2009 to give BOP enough time to designate Mr. Martinez and for him to arrange transportation to the prison. The Judgment and Commitment Order was filed on August 21, 2009. The Bureau of Prisons has not yet designated Mr. Martinez.

Mr. Martinez has been seeing a dentist at Western Dental Services on March Lane in Stockton. He has been getting dental work done in anticipation of going into custody. Unfortunately, this work (including a new crown) will not be completed until September 29th. (Defense counsel has received a letter from the dental office confirming this information.) The defense is requesting an extension of the self-surrender date to allow him five extra days to receive this dental treatment before turning himself in.

Defense counsel has contacted the prosecutor and pretrial services agent both of whom have indicated that they have no objection to this request.

Dated: September 15, 2009

Respectfully submitted,

DANIEL J. BRODERICK Federal Defender

LINDA C. HARTER Chief Assistant Federal Defender Attorney for Defendant MICHAEL PAUL MARTINEZ

ORDER

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

Defendant Michael Paul Martinez's presently scheduled self-surrender date of September 25, 2009 by 2:00 p.m. be extended to September 30, 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.

HON. EDWARD J. GARCIA United States District Judge

20090921

© 1992-2009 VersusLaw Inc.



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