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United States v. Tan

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


November 18, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
BENEDICT TAN, DEFENDANT.

The opinion of the court was delivered by: Judge Hon. Gregory G. Hollows

DEFENDANT'S MOTION FOR RETURN OF PASSPORT; ORDER (No hearing requested)

Benedict Tan hereby moves the Court for an order directing the Clerk to return his passport to the Office of the Federal Defender, who will then return the passport to Mr. Tan. Assistant U.S. Attorney John Vincent has advised undersigned counsel that the United States does not oppose this motion.

Mr. Tan surrendered his passport to the Clerk in 2001 as a condition of his pretrial release. On May 8, 2002, the Court sentenced him to 78 months in prison followed by a three-year term of supervised release. Mr. Tan released from prison on October 6, 2007, and successfully completed supervised release last month. He has no outstanding financial or other obligations to the Court or to the government. Defense counsel has also provided to government counsel a letter from U.S. Probation in the District of Nevada confirming Mr. Tan's completion of probation.

There being no reason why the Court should retain Mr. Tan's passport, he asks that it be released to the Office of the Federal Defender so that it may be returned to him forthwith.

A proposed order follows.

Dated: November 16, 2010

ORDER

Defendant's motion for return of his passport is GRANTED. The Clerk shall return Mr. Tan's passport by forwarding it to the Office of the Federal Defender, ATTEN: Timothy Zindel, so that it may be returned to Mr. Tan.

IT IS SO ORDERED.

HON. GREGORY G. HOLLOWS United States Magistrate Judge

20101118

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