UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
February 17, 2011
RE: MAO VEN
The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge
Honorable Sandra M. Snyder United States Magistrate Judge Fresno, California
Dismissal of Probation Warrant;
This memorandum is to request the Court vacate and recall the probation warrant issued for the defendant's arrest.
The Ninth Circuit Court of Appeals decision in U.S. v. Vargas-Amaya, 389 F.3d 901 (2004) ruled that a district court's jurisdiction to revoke supervision beyond the term of supervision ordered is extended if the warrant was issued "upon probable cause, supported by Oath or Affirmation," as required by the Fourth Amendment.
On July 11, 2001, the above defendant appeared before Your Honor for sentencing based on a guilty plea to violation of 18 USC 641, Theft of Government Property (Count 1). Four remaining counts were dismissed. He was placed on probation for 3 years. He was also ordered to pay a $25 special assessment and $6,532 restitution. In addition to standard conditions of probation, the defendant was also ordered to submit to warrantless search and seizure, submit to financial disclosure to the probation officer, and complete 100 hours community service by July 29, 2002.
On December 19, 2002, the probation officer filed a Petition for Summons, which alleged the following violations of the conditions of probation: 1) Use of a Controlled Substance; 2) Failure to submit monthly supervision reports; 3) Failure to follow the instructions of the probation officer; and 4) Failure to pay restitution. The defendant was served with a summons to appear before Your Honor on January 15, 2003. He failed to appear, and on January 23, 2003, a warrant was issued for his arrest. The warrant remains outstanding.
Based on the Ninth Circuit Court of Appeals decision in U.S. v. Vargas-Amaya, 389 F.3d 901 (2004), it is recommended the Court recall the warrant and dismiss the case against the defendant, Mao Ven.
/s/ Rick C. Louviere Rick C. Louviere Assistant Deputy Chief U.S. Probation Officer
Dated: February 10, 2010 Fresno, California RCL
cc: United States District Court Clerk's Office United States Marshals Service
THE COURT ORDERS
(XX ) Vacate, recall the Petition for Warrant dated December 19, 2002 [Doc. 23] , Summons dated December 20, 2002 and the Warrant issued on January 23, 2003 against defendant Mao Ven, and pursuant to Ninth Circuit Court of Appeals decision in U.S. v Vargas-Amaya.
IT IS SO ORDERED.
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