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United States v. Myatt

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


March 29, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DAVID L. MYATT, DEFENDANT.

The opinion of the court was delivered by: Judge Hon. Sandra M. Snyder

APPLICATION FOR ORDER EXONERATING PROPERTY BOND and RETURN of DEFENDANT'S PASSPORT to FEDERAL DEFENDER; ORDER

Defendant David L. Myatt, through counsel Ann H. Voris, Assistant Federal Defender, hereby moves the court for an order exonerating bond and for reconveyance of real property and return of passport in the above-captioned case.

On November 14, 2005, defendant David L. Myatt made an initial appearance in Rule 5(c)(3) proceedings regarding a Complaint from the Northern District of Illinois, Chicago (Case No. 1:05cr0921 EEB) in the above-captioned case; a detention hearing was held November 16, 2005, at which time defendant was ordered released upon posting of a $300,000.00 property bond. On December 23, 2005 two Deeds of Trust were posted as to David L. Myatt by David and Melanie Myatt, and Lehman and Lois Myatt, recorder numbers 2005-26471 and 2005-097006 (Dkt. #13) The certified copy of the recorded Deed of Trust and original signed promissory note were delivered to the court on December 9, 2005.

On May 23, 2008, Mr. Myatt was sentenced and committed to the custody of the United States Bureau of Prisons for a total term of sixteen months. According to the Bureau of Prisons Inmate Locater, Mr. Myatt was released from custody on September 23, 2009.

It is respectfully requested that bond be exonerated and title to the real property reconveyed.

Respectfully submitted,

DANIEL J. BRODERICK Federal Defender

Dated: March 19, 2010

ANN H. VORIS Assistant Federal Defender Attorney for Defendant David L. Myatt

ORDER

IT IS HEREBY ORDERED that the property bond in the above-captioned case be exonerated and title to the real property securing said bond be immediately reconveyed to the property owner and that Mr. Myatt's passport be returned to the Office of the Federal Defender.

IT IS SO ORDERED.

Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

20100329

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