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The United Staes of America v. James Leroy Johnson

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


July 26, 2012

THE UNITED STAES OF AMERICA
v.
JAMES LEROY JOHNSON

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

The Law Office of Olaf W. Hedberg Olaf W. Hedberg, State Bar #151082 901 H St., Suite 673 Sacramento, California 95814 (916) 447-1192 office 1-412-774-3537 fax o.hedberg@sbcglobal.net

STIPULATION AND NUNC PRO TUNC ORDER TO DETAIN DEFENDANT

In the matter at bar Defendant James Leroy Johnson respectfully requests that the Court issue an order revoking his pretrial release status and that the Court issue that order nunc pro tunc. I have spoken with AUSA Jason Hitt and Pretrial Services Officers Beth Baker and Taifa Gaskins and the parties stipulate as follows:

1. Defendant James Leroy Johnson was previously released by order of the Hon. Kimberley J. Mueller on 1/28/10*fn1 ;

2. On June 11, 2010 Defendant was arrested and booked into Sacramento County Jail on a new offense, Sacramento County Superior Court case10F03884 People v. James Johnson ;

3. On June 11, 2010 Pretrial Services Officers Taifa Gaskins and Beth Baker caused a warrant request to be sent to Judge Mueller, which Judge Mueller has executed*fn2 ;

4. No further action was ever taken on the warrant. No detention hearing has ever been held;

5. As a result, Defendant has not been "in Federal Custody" during the period beginning 6/11/10 until the present despite being in custody the entire time. Further, if Defendant had posted the $10,000 State court bail he would not have been released. Rather, he would have then been subjected to the Federal warrant and brought before a Magistrate;

6. Defendant has not himself done anything to avoid the process of the Court;

Therefore, in order to avoid an unjust and undesirable result (loss of over two years custody credit), the parties stipulate that Defendant James Johnson's release status pursuant to case 10-CR-0042 MCE be changed to "detained" and that the appropriate start date for that detention is the June 11, 2010 date referred to above.

ORDER

It is the Order of the Court that in case 10-CR-00042 Defendant James Leroy Johnson be ordered DETAINED and that said order be issued NUNC PRO TUNC to the date of JUNE 11, 2010.

IT IS SO ORDERED.

Gregory G. Hollows


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