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United States v. Bouffard

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


June 22, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
THOMAS ALLAN BOUFFARD, DEFENDANT.

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

STIPULATION AND ORDER EXTENDING DEFENDANT'S DEADLINE TO REPORT TO BUREAU OF PRISONS TO BEGIN SERVING PRISON SENTENCE AMENDED

Introduction

On October 29, 2009, Defendant Thomas Allan Bouffard was sentenced to serve a term of imprisonment of 5 months, among other terms. The defendant was ordered to report to the Bureau of Prisons on May 21, 2010. In May 2010, that deadline was extended to June 21, 2010, by stipulation entered between Assistant U.S. Attorney Samantha S. Spangler and Mr. Bouffard's then attorney, Patrick K. Hanly, and an order issued by this Court. Although Mr. Hanly had requested a longer extension of time, Ms. Spangler declined to accord more than a month until she received some verification both of the condition and the resulting surgery and the prognosis for recovery.

On June 14, 2010, Mr. Bouffard notified Ms. Spangler that he had terminated his attorney-client relationship with Mr. Hanly and requested a six-month extension of time on his deadline to report to the Bureau of Prisons to begin serving his sentence. Mr. Bouffard explained that he continues to recover from spinal surgery he underwent in April 2010 and needs to work with his Kaiser Permanente doctors toward that goal. He supplied verification in the form of a letter from the surgeon, an appointment slip to see the surgeon, and a letter from his primary care physician. The letters indicate Mr. Bouffard is on disability and the one from the primary care physician indicates that will continue at least through September 16, 2010.

Ms. Spangler is willing to allow Mr. Bouffard a three-month extension of his deadline to report to the Bureau of Prisons. As that deadline approaches, Mr. Bouffard should have a clearer picture of his prognosis. If he indeed needs additional time for his recovery, he may contact Ms. Spangler again.

Stipulation

The parties hereby stipulate that the deadline for Mr. Bouffard to report to the Bureau of Prisons to begin serving his five-month term of incarceration may be extended to September 21, 2010, by 2:00 p.m.

Date: June 15, 2010

Date: June 14, 2010

Order Good cause appearing therefor, the same is hereby ordered.

CERTIFICATE OF SERVICE BY MAIL

The undersigned hereby certifies that she is an employee in the Office of the United States Attorney for the Eastern District of California and is a person of such age and discretion to be competent to serve papers. on June 15, 2010, she served a copy of the attached:

STIPULATION AND [PROPOSED] ORDER EXTENDING DEFENDANT'S DEADLINE TO REPORT TO BUREAU OF PRISONS TO BEGIN SERVING PRISON SENTENCE by placing said copy in an envelope addressed to the person hereinafter named, at the address stated below, which is the last known address of said person and by placing it in the United States mail.

20100622

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