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United States v. Ruelas

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


October 20, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
NOEMI E. RUELAS, DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Gregory G. Hallows

GOVERNMENT'S PETITION FOR PROBATION REVOCATION AND ORDER

DATE: October 27, 2009

On October 22, 2008, the defendant pled guilty, pursuant to a plea agreement, to an Information charging him with Driving When Privilege Suspended and Revoked for Failure to Appear, in violation of Title 18, United States Code, Section 13 and California Vehicle Code Section 14601.1(a). The defendant was given the following sentence by United States Magistrate Judge Gregory G. Hollows: The defendant shall serve a one-year term of court probation, to terminate upon fulfillment of the following conditions:

1. Pursuant to Title 18, United States Code, Section 3563(b)(10), the defendant shall be committed to the custody of the Bureau of Prisons to serve a term of ten (10) days confinement. The defendant shall contact the Bureau of Prisons at (916)930-2010 and surrender to the institution designated by the Bureau of Prisons. If the Bureau of Prisons has not designated an institution and surrender date, the defendant shall self-surrender to the U.S. Marshal by 12:00 p.m. on December 1, 2008, to serve his sentence;

2. The defendant shall pay a $550.00 fine, payable in monthly installments of $50.00 until the fine is paid in full. The first payment shall commence on the date of sentencing;

3. The defendant shall pay a $10.00 special assessment, payable forthwith;

4. The defendant shall not commit another federal, state, or local crime;

5. The defendant shall notify the U.S. Attorney's Office within seventy-two hours of being arrested; and,

6. The defendant shall notify the U.S. Attorney's Office ten days prior to any change in residence.

The United States alleges that the defendant has violated these conditions as follows:

1. The defendant has failed to make monthly payments toward the imposed fine and special assessment. No payments have been remitted in this case. A balance of $560.00 remains; and

The United States therefore petitions the Court to place this matter on its calendar for 9:00 a.m. on October 27, 2009, to allow the defendant to show cause why the probation granted on October 22, 2008, should not be revoked.

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

ORDER

It is Hereby Ordered that the defendant appear on October 27, 2009, at 9:00 a.m., to show cause why the probation granted on October 22, 2008, should not be revoked.

IT IS SO ORDERED.

Gregory G. Hollows United States Magistrate Judge

20091020

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