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United States of America v. David Lee Turner

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


February 26, 2013

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
DAVID LEE TURNER, DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Michael J. Seng

STIPULATION FOR AMENDMENT OF JUDGMENT AND ORDER TO PAY RE: TERM OF PROBATION ) ORDER

Background:

On November 20, 2012 Defendant, David Lee Turner, entered his plea of guilty to the charges in the above-referenced matter. One of the terms of said plea was that defendant would be placed on a term of unsupervised probation for a period of one year. At the time the parties entered the agreed-upon plea, it was their belief that the term of probation would commence at the time the plea was entered.

On February 13, 2013, Defendant was sentenced by the court. The Judgment and Order to Pay indicates Defendant was placed on "Unsupervised Probation for 12 months." The Judgment is silent as to the commencement date of that term of probation.

STIPULATION IT IS HEREBY STIPULATED by and between the parties hereto and through their respective counsel, Matthew A. McNease, Acting Legal Officer, National Park Service, Counsel for Plaintiff, and Andras Farkas, Assistant Federal Defender, counsel for Defendant, that the 12-month period of Unsupervised Probation in the above-referenced proceedings shall be in effect through November 20, 2013, at which time said term shall cease if Defendant has successfully complied with the remaining terms of probation as previously ordered. The parties further agree that the Judgment and Order to Pay may be amended by the Court to indicate the termination date of probation as November 20, 2013, as set forth hereinabove.

Respectfully submitted, BENJAMIN B. WAGNER United States Attorney DATED: February 20, 2013 /s/ Matthew A. McNease MATTHEW A. McNEASE Acting Legal Officer National Park Service JOSEPH SCHLESINGER Acting Federal Defender DATED: February 20, 2013 /s/ Andras Farkas ANDRAS FARKAS Assistant Federal Defender Attorney for Defendant David Lee Turner

ORDER The Court, having reviewed the above stipulation and good cause appearing, IT IS HEREBY ORDERED THAT the Judgment in this matter dated and filed February 13, 2013, shall be amended to show the term of Unsupervised Probation for defendant David Lee Turner shall run through November 20, 2013, at which time said term shall cease if Defendant has successfully complied with the remaining terms of probation as previously ordered. All remaining terms and conditions of the said February 13, 2013 Judgment and Order to Pay shall remain in full force and effect until otherwise ordered.

IT IS SO ORDERED.

Michael J. Seng UNITED STATES MAGISTRATE JUDGE

20130226

© 1992-2013 VersusLaw Inc.



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