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United States of America v. Moises Salas Palacios

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


August 9, 2011

UNITED STATES OF AMERICA,
PLAINTIFF-APELLEE,
v.
MOISES SALAS PALACIOS, DEFENDANT-APPELLANT.

The opinion of the court was delivered by: Irma E. Gonzalez, Chief Judge United States District Court

ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS AND DECLINING TO REQUIRE REIMBURSEMENT [Doc. No. 129]

On May 19, 2011, the United States Court of Appeals for the Ninth Circuit revoked Appellant's pauper status and referred the case to this Court to determine whether Appellant should be required to reimburse the Criminal Justice Act Fund ("CJA Fund") for the cost of his appellate defense. On July 22, 2011, Magistrate Judge Peter C. Lewis issued a report finding that Appellant's financial status had not changed since the time of his initial incarceration, and that Appellant therefore does not have the present ability to repay the costs of his appeal. Accordingly, Judge Lewis recommended that the Court should not require Appellant to reimburse the CJA Fund. The United States has not opposed Judge Lewis's recommendation. [Doc. No. 129.]

The Court hereby adopts Magistrate Judge Lewis's report and recommendation in full. Accordingly, Appellant is not required to reimburse the CJA Fund for the cost of his appellate defense.

IT IS SO ORDERED.

20110809

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