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United States v. Suarez

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


August 20, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
RODOLFO F. SUAREZ, JR. DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Anthony W. Ishii

APPLICATION FOR ORDER EXONERATING PROPERTY BOND; DECLARATION OF COUNSEL; AND ORDER THEREON

Defendant Rodolfo F. Suarez, Jr., through counsel Melody M. Walcott, Assistant Federal Defender, hereby moves the court for an order exonerating bond and for reconveyance of real property in the above-captioned case.

On April 21, 2008 defendant Rodolfo Suarez made an initial appearance in the above-captioned case for arraignment on the Complaint; a detention hearing was held at that time. Defendant was ordered released upon posting of a $75,000.00 property bond and Pretrial Service conditions. (Dkt. #9) The certified copy of the recorded Deed of Trust #2008-0034601 and original signed promissory note were delivered to the court on May 20, 2008. (Dkt. #29)

On April 23, 2010, after trial, Defendant Suarez was found guilty and was remanded into custody. (Dkt. #252) On August 11, 2010, Defendant Suarez appeared for sentencing and was sentenced to a term of 240 months in custody. Defendant Suarez remains in custody.

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

Dated: August 17, 2010

Respectfully submitted, DANIEL J. BRODERICK Federal Defender

MELODY M. WALCOTT Assistant Federal Defender Attorney for Defendant RODOLFO F. SUAREZ, JR.

DECLARATION OF MELODY M. WALCOTT

I, Melody M. Walcott, declare as follows:

1. I am the Assistant Federal Defender representing Mr. Suarez in this case. This office was appointed to represent Mr. Suarez on April 21, 2008; I have represented him since April 24, 2008.

2. On April 21, 2008, Defendant Suarez was ordered released on posting a $75,000.00 property bond to be filed with the court. On May 20, 2008, a certified copy of recorded Deed of Trust #2008-0034601 and the original signed promissory note were delivered to the court. (Dkt. #29)

3. On April 23, 2010, after trial, Defendant Suarez was found guilty and was remanded into custody. (Dkt. #252)

4. On August 11, 2010, Defendant Suarez appeared for sentencing and was sentenced to a term of 240 months in custody. (Dkt. #313) Defendant Suarez remains in custody.

I declare under penalty of perjury that the foregoing is true and correct. This declaration is executed on August 17, 2010, at Fresno, California.

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.

IT IS SO ORDERED.

Oliver W. Wanger UNITED STATES DISTRICT JUDGE

20100820

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