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United States v. Rincon

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


May 5, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ALFREDO F. RINCON, DEFENDANT.

The opinion of the court was delivered by: Hon. Oliver W. Wanger U.S. District Court Judge for the Eastern District of California

AMENDED STIPULATION TO EXONERATE CASH BOND AND RECONVEY FUNDS; ORDER THEREON

IT IS HEREBY STIPULATED by and between the parties hereto, through their respective counsel, LAUREL J. MONTOYA, Assistant United States Attorney, attorney for the Plaintiff, and ERIC V. KERSTEN, Assistant Federal Defender, attorney for Defendant Alfredo F. Rincon, that the cash bond posted for the pre-trial release of defendant be exonerated, and that the funds be returned to Donald Myers,1053 Sumatra Street, Hayward, California 94544, phone: (510)782-6893.

On July 18, 2008, Donald Myers posted a $100,000 cash bond to secure Mr. Rincon's pretrial release. Thereafter, on December 18, 2009, pursuant to a stipulation between the parties, the court signed an order reducing the bond amount from $100,000 to $50,000, and directing that $50,000 of the original $100,000 cash bond be returned to Mr. Myers.

On May 3, 2010, Mr. Rincon appeared before District Court Judge Oliver W. Wanger and was sentenced after having previously changed his plea to guilty pursuant to a plea agreement. Mr. Rincon was sentenced to a term of probation after having complied with all conditions of his pretrial release.

Based on the foregoing, it is respectfully requested that $50,000, constituting the remaining one- half of the $100,000 bond initially posted in this matter (Receipt #CAE 100003844), be immediately exonerated and reconveyed to Donald Myers. Mr. Myers' mailing address is 1053 Sumatra Street, Hayward, California 94544. His telephone number is (510)782-6893.

DATED: May 5, 2010 BENJAMIN B. WAGNER United States Attorney LAUREL J. MONTOYA Assistant U.S. Attorney Attorney for Plaintiff

DATED: May 5, 2010 DANIEL J. BRODERICK Federal Defender ERIC V. KERSTEN Assistant Federal Defender Attorney for Defendant ALFREDO F. RINCON

ORDER

IT IS SO ORDERED.

The bond in the above-captioned case is exonerated and the remaining funds shall be reconveyed to Donald Myers.

20100505

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