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United States v. Epis

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


February 12, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
BRYAN JAMES EPIS, DEFENDANT.

The opinion of the court was delivered by: Frank C. Damrell, Jr. United States District Judge

PLAINTIFF'S REQUEST FOR A HEARING TO REMAND DEFENDANT INTO CUSTODY TO BEGIN COMPLETION OF HIS SENTENCE; ORDER

Court: Hon. Frank C. Damrell

Plaintiff United States of America respectfully requests that this Court set a hearing date as soon as possible to order the remand of defendant Bryan James Epis into custody to begin completion of his ten-year sentence of incarceration imposed by this Court upon re-sentencing on September 14, 2007.

As grounds for this request, the United States notes that Epis' efforts for appellate review have all been rejected in that: (1) by a non-published opinion issued on August 11, 2009, the Ninth Circuit Court of Appeals affirmed Epis' convictions and sentence (see United States v. Epis, 332 Fed. Appx. 409, 2009 WL 2448234 (9th Cir. 2009)); (2) the Supreme Court denied Epis' petition for certiorari on January 19, 2010; and (3) the Ninth Circuit issued its mandate in this case on January 26, 2010.

Based on these facts, the United States respectfully requests that the Court enter the proposed Order attached below.

Dated: February 11, 2010

ORDER

The Court having reviewed, read, and considered the request of plaintiff United States of America for a hearing to order the remand of defendant Bryan James Epis, and good cause appearing therefrom,

It is ordered that the United States' request is hereby GRANTED. It is further ordered that Epis shall appear before this Court on February 22, 2010, at 10:00 a.m., so that he can be remanded into custody for completion of the sentence of incarceration previously imposed by this Court.

20100212

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