The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
AMENDED STIPULATION AND ORDER
Defendant Michael S. Ioane, through counsel John Balazs, and the United States, through counsel, Assistant U.S. Attorney Mark Cullers, hereby stipulate and request that the Court exonerate the bond in this case.
Mr. Ioane had been released on a property bond pending appeal. Docket Entries152, 153, & 154. The three deeds of trust securing his bond are attached as Exhibit
A. On October 16, 2012, the Court remanded him into custody after an initial hearing on a violation petition. After a further hearing on October 22, 2012, the Court ordered Mr. Ioane detained pending his appeal and he is in custody serving the sentence imposed in this case.
After consulting with his attorney, Mr. Ioane agrees not to appeal the detention order or otherwise move the Ninth Circuit for release until the court's decision in his appeal. As a result, he requests that the Court exonerate the bond in this matter. Assistant U.S. Attorney Mark Cullers stipulates to this request.
Dated: November 6, 2012 /s/ John Balazs John Balazs Attorney for Defendant Michael S. Ioane BENJAMIN B. WAGNER U.S. Attorney Dated: November 6, 2012 By: /s/ Mark E. Cullers Mark E. Cullers Assistant U.S. Attorney
IT IS SO ORDERED that the property bonds with respect to defendant Michael Ioane in Case No. CR-S 09-CR-0142-LJO be exonerated and that title to the three properties securing the bonds set forth in Exhibit A be reconveyed back to the properties' owners as follows: (1) 3040 Trinity Court, Turlock, California 95382 (owner Briana Celia Ioane); (2) 650 El Portal Drive, Merced, CA 95340 (owner Michael Ioane, Jr.); and (3) 1521 Fruitland Avenue, Atwater, California 95301 (owner Michael S. Ioane, Jr.).
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