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United States v. Rosen

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


February 10, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DANIEL GREGORY ROSEN, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER GRANTING DEFENDANT BETTE A. ROSEN'S REQUEST AND DENYING DEFENDANT DANIEL G. ROSEN'S REQUEST FOR RETURN OF PASSPORT

This matter is before the Court on the motion of defendants Daniel Gregory Rosen and Bette A. Rosen for the return of their passports. On June 29, 2009, the government filed a brief objecting to the release of Daniel Rosen's request, while it did not object to Bette Rosen's request; however, the government pointed out that the clerk's docket did not indicate the issuance of a receipt for Bette Rosen's passport.

Following a 24-day trial in February, March, and April 2000, the jury returned verdicts of guilty on all charges against both Mr. and Mrs. Rosen on April 24, 2000. C.R. 301, 304, 312. On July 14, 2000, Mrs. Rosen was released from custody as part of the parties' stipulation reducing her charges. C.R. 353, 355. Mrs. Rosen was sentenced on September 22, 2000. C.R. 377, 392. On July 21, 2003, she was discharged from probation. C.R. 669 Mr. Rosen was sentenced on October 13, 2000. C.R. 397, 408. The prosecutor could find no order exonerating Mr. Rosen's bail.

Mr. Rosen' request for the return of his passport is premature. He is still serving his federal prison sentence. He still faces a term of supervised release, during which his travel outside the country will be prohibited or restricted. His bail has not been exonerated.

The Court has determined, with the assistance of the Probation Department, that the clerk is, in fact, in possession of Bette Rosen's passport. She is entitled to its return.

Therefore, for the foregoing reasons, the Court GRANTS defendant Bette Ann Rosen's request for the return of her passport, and DENIES defendant Daniel Gregory Rosen's request at this time.

IT IS SO ORDERED.

20100210

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