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United States v. Perres

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


August 19, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
FREDERICK STANFORD PERRES, DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Kimberly J. Mueller

DATE: September 2, 2010 TIME: 10:00 a.m.

PROBATION REVOCATION PETITION, NOTICE OF HEARING and ORDER

On October 1, 2009, the above-named defendant was given the following sentence, among other things, by United States Magistrate Judge Kimberly J. Mueller:

1. The defendant is hereby sentenced to court probation for a term of 1 year, subject to the following terms and conditions:

a. The defendant shall pay a fine in the amount of $1,000.00;

b. The defendant shall pay a special assessment in the amount of $25.00; and

c. The defendant shall make restitution (including community restitution) in the amount of $199.14 to the General Services Administration, Miscellaneous Receipts for Nonfederal Claims, Claim #VCR6910A, P.O. Box 979009, St. Louis, Missouri 63197-9009l; and

d. Probation shall be terminated upon full payment of the fine, special assessment and restitution.

As of August 17, 2010, defendant has failed to pay the above fine, special assessment, and restitution. Accordingly, the United States alleges that the defendant has violated the following conditions of probation:

1. The defendant has not paid the above fine in the amount of $1,000.00, in full or in part;

2. The defendant has not paid the above special assessment in the amount of $25.00, in full or in part; and

3. The defendant has not paid the above restitution in the amount of $199.14, in full or in part.

Currently, the defendant's Court Probation is scheduled to terminate on September 30, 2010, at 11:59 p.m. The United States therefore petitions the Court to add this matter on its calendar for a probation revocation hearing to allow the defendant to show cause why the probation granted on October 1, 2009, should not be revoked.

The above has been related to me by Colin M. Scott, a certified law clerk in the Misdemeanor Unit at the U.S. Attorney's Office whom I personally supervise and have certified. Based on this information, I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

DATED: _________, 2010

Respectfully submitted,

BENJAMIN B. WAGNER United States Attorney

MATTHEW C. STEGMAN Assistant U.S. Attorney

ORDER

It is Hereby Ordered that the defendant appear on September 2, 2010, to show cause why the probation granted on October 1, 2009, should not be revoked.

IT IS SO ORDERED.

20100819

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