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United States of America v. Jerry Jay Her

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


June 21, 2012

UNITED STATES OF AMERICA
PLAINTIFF,
v.
JERRY JAY HER DEFENDANT.

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

MOTION FOR RESTITUTION HEARING

The United States of America hereby moves, with accompanying Declaration of Grant B. Rabenn, this Court for an Order to hold a restitution hearing as to defendant JERRY JAY HER ("Defendant") on or before Friday, August 17, 2012, pursuant to 18 U.S.C. § 3664(d)(5).

Respectfully submitted, BENJAMIN B. WAGNER United States Attorney By: /s/ Grant B. Rabenn GRANT B. RABENN Assistant U.S. Attorney

DECLARATION OF GRANT B. RABENN

1. Title 18, United States Code, Section 3664(d)(5) provides that if a victim's losses are not ascertainable ten days prior to sentencing, the Court shall be informed and the Court shall set a date for final determination of victim's losses not to exceed ninety (90) days after sentencing.

2. Defendant was sentenced to 14 months imprisonment on May 21, 2012 for conspiracy to commit postal crimes. In the factual basis for Defendant's guilty plea, Defendant admitted to breaking into a community mailbox located in Fresno, California on or about September 4, 2011.

3. Approximately one week prior to Defendant's sentencing, the United States Attorney's Office ("USAO") was informed by the United States Postal Service ("USPS") that it intended to file a claim for restitution based on the damage caused by Defendant to the community mailbox. On or about the day that the USAO was informed of USPS's potential restitution claim, USPS also made Probation aware of the claim for restitution. However, because of the deadlines for filing the Pre-Sentence Report ("PSR"), Probation was unable to verify and include this claim for restitution in the PSR.

4. During Defendant's sentencing, I informed the Court of USPS's potential claim for restitution. The Court stated that the United States could move for a restitution hearing within ninety (90) days of Defendant's sentencing. Ninety (90) days from the date of Defendant's sentencing is Sunday, August 19, 2012. As such, the United States requests that the Court hold a restitution hearing as to Defendant on or before Friday, August 17, 2012.

By: /s/ Grant B. Rabenn

GRANT B. RABENN Assistant U.S. Attorney

BENJAMIN B. WAGNER United States Attorney GRANT B. RABENN Assistant United States Attorney United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: (559) 497-4000 Facsimile: (559) 497-4099 Attorneys for the United States of America

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

CASE NO. 1:11-cr-00380-AWI

UNITED STATES OF AMERICA Plaintiff, v. JERRY JAY HER, Defendant.

ORDER SETTING RESTITUTION HEARING

Hon. Anthony W. Ishii

Upon Motion by the United States of America, IT IS ORDERED that on the 6th day of August, 2012, at 11:00 a.m., a hearing shall be held to determine the restitution owed, if any, by Defendant JERRY JAY HER to known victims in the above-captioned case.

IT IS SO ORDERED.

Dated: June 21, 2012

CHIEF UNITED STATES DISTRICT JUDGE

20120621

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