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United States v. Bailes

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


May 17, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
GEORGE HAMILTON BAILES, DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. William B. Shubb

STIPULATION AND [PROPOSED] ORDER MODIFYING PRESENTENCE REPORT WITH REGARD TO RESTITUTION

Date: MAY 17, 2010

IT IS HEREBY STIPULATED by and between First Assistant United States Attorney Carolyn K. Delaney, Counsel for Plaintiff, and Assistant Federal Defender Jeffrey L. Staniels, Counsel for Defendant, that the recommendation of the Presentence Report concerning restitition (see ¶¶ 21-24; 59; and 70) should be modified to eliminate provision for consequential expenses which may not be included in restitution orders. United States v. Sablan, 92 F.3d 865 (9th Cir. 1996); United States v. Stoddard, 150 F.3d 1140 (9th Cir. 1998). The parties agree that the appropriate figure for restitution - that is, the losses "directly resulting from the defendant's criminal conduct", Sablan, supra., 92 F.3d at 870, are set forth in paragraphs 10,11,13, and 16, totaling $56, 000, as set forth in paragraph 17.

IT IS SO STIPULATED.

Dated: May 14, 2010

ORDER

IT IS SO ORDERED.

20100517

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