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United States of America v. Jordan Wirtz

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


October 7, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
JORDAN WIRTZ
DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Kendall J. Newman

John R. Manning Attorney at Law Ca. St. Bar No. 220874 1111 H Street, Suite 204 Sacramento, CA 95814 Telephone: (916) 444-3994 jmanninglaw@yahoo.com Attorney for Defendant JORDAN WIRTZ

STIPULATION AND ORDER TO EXTEND TIME TO POST PROPERTY BOND

On May 24, 2011, the Honorable Kendall J. Newman ordered defendant Wirtz released on a $100,000.00 unsecured bond, co-signed by Mr. Martin, to be replaced by a secured bond, secured by the real property owned by Mr. Martin, within three weeks. On June 13, 2011, the Honorable Kendall J. Newman ordered defendant Jordan Wirtz released on a $100,000 Unsecured Bond, co-signed by Mr. and Mrs. Devitt (the defendant's aunt and uncle), to be replaced with the posting of property by Mr. and Mrs. Devitt by July 5, 2011.

On, or about, July 5, 2011, the Court, at the request of the Mr. Wirtz (and with the agreement of the Government) agreed to continue the due date for the bond paperwork to July 19, 2011.

The bond paper work was submitted to the Government for review. Ultimately, the Government reviewed the documents and requested the Defense make minor changes to the documents before they were filed. The Defense was informed of the Government's request on August 29, 2011. The changes, though minor, required the documents to be re-drafted and notarized again. Consequently, the Parties Stipulated to continuing the "due date" for the bond paperwork to September 30, 2011.

The Surety was provided with the new bond documents, which they signed and had notarized. When the Surety attempted to file the documents in the County Recorders Office (in Nevada, where the property is located), the clerk at the Recorders Office advised the Surety not to file the document(s). The Clerk (incorrectly) informed the Surety of the conditions and circumstances under which the Court may seek to seize the Surety's property.

Candidly, I have never encountered this specific issue in dealing with property bonds. The concerns raised by the Clerk at the Recorders Office really frightened the Surety. That said, the Surety absolutely remains willing to post their property on behalf of Mr. Wirtz. Counsel for Mr. Wirtz needs additional time to work this issue out. There may be different documents, more specific to Nevada, that can be used as an alternative for what is commonly used here (in this District).

Accordingly the parties agree that the deadline for posting the property bond may be extended to October 30, 2011. This office has contacted Michael Beckwith of the U.S. Attorney's Office, and he has no objection to this request.

Dated: October 7, 2011

Respectfully submitted,

John R. Manning Attorney at Law Ca. St. Bar No. 220874 1111 H Street, Suite 204 Sacramento, CA 95814 Telephone: (916) 444-3994 jmanninglaw@yahoo.com Attorney for Defendant JORDAN WIRTZ

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

UNITED STATES OF AMERICA, Plaintiff, v. JORDAN WIRTZ, Defendant.

CR NO. S-11-0226 GEB

ORDER EXTENDING TIME TO POST PROPERTY BOND

Judge: Hon. Kendall J. Newman

For good cause appearing, the due date for posting of a secured property bond in this matter shall be continued to October 30, 2011.

IT IS SO ORDERED.

KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE

20111007

© 1992-2011 VersusLaw Inc.



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