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United States v. Wiley

United States District Court, Ninth Circuit

May 10, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
JAMES MICHAEL WILEY, Defendant.

CLYDE M. BLACKMON (SBN 36280), ROTHSCHILD WISHEK & SANDS LLP, Sacramento, CA, Attorneys for Defendant, JAMES MICHAEL WILEY.

STIPULATION AND ORDER REQUIRING THE RECONVEYANCE OF PROPERTY

CAROLYN K. DELANEY, Magistrate Judge.

The United States of America, through its counsel Assistant U.S. Attorney Todd A. Pickles, and James Michael Wiley, through his counsel Clyde M. Blackmon, hereby stipulate that the property located at 2201 McFarland Road, York, South Carolina, legally described in Attachment A and identified in item 10 on the Court's Docket as "Deed of Trust from James Michael Wiley, XXXXXXXXXXXX, " shall be reconveyed to James Michael Wiley.

Mr. Wiley is charged in an indictment filed on March 28, 2013, with conspiracy to manufacture and distribute marijuana in violation of 18 U.S.C. sections 841(a)(1) and 846. In the time leading up to the indictment counsel for the government and counsel for Mr. Wiley discussed the posting of property to secure Mr. Wiley's release on bail. It was agreed that two pieces of property, both located in York, South Carolina, where Mr. Wiley lives, would be posted. One of those properties, located at 2201 McFarland Road, is Mr. Wiley's home. The other property, located at 2252 Cedar Road, is owned by Mr. Wiley's mother and sister.

The South Carolina attorney assisting Mr. Wiley's counsel in assembling the bail documents prepared mortgages on both properties in favor of the United States District Court for the Eastern District of California to secure the promissory notes which were part of the bail documents. Those mortgages were recorded in the real property records of York County South Carolina and the originals mailed to the Court Clerk's office. Both mortgages have been filed in the records of this case. The McFarland Road property appears as item number 10 on the Docket identified as "Deed of Trust from James Michael Wiley, XXXXXXXXXXXX." Item number 11 on the Docket pertains to the Cedar Road property and is identified as "Deed of Trust from James Michael Wiley, XXXXXXXXXXXX."

On April 9, 2013, when Mr. Wiley was arraigned before Magistrate Judge Brennan it was decided that only the property located at 2252 Cedar Road would be used to secure Mr. Wiley's bail. Magistrate Judge Brennan ordered that Mr. Wiley be released on a $200, 000 bond consisting of $132, 000 secured by the Cedar Road property and $68, 000 in an unsecured co-signed bond. Therefore, the McFarland Road property is not part of Magistrate Judge Brennan's order and plays no part in Mr. Wiley's release on bail. Nevertheless, because the mortgage was recorded in York County South Carolina, it constitutes a cloud on the title to the McFarland Road property which needs to be removed.

The parties, therefore, request the Court to issue an order requiring the Clerk of the Court to reconvey to James Michael Wiley the property located at 2201 McFarland Road, York, South Carolina which is legally described in Attachment A and identified in item 10 on the Court's Docket as "Deed of Trust from James Michael Wiley, XXXXXXXXXXXX."

IT IS SO STIPULATED.

ORDER

GOOD CAUSE APPEARING upon the stipulation of the parties, the Clerk of the Court is ordered to reconvey to James Michael Wiley the property located at 2201 McFarland Road, York, South Carolina which is legally described in Attachment A and identified in item 10 on the Court's Docket as "Deed of Trust from James Michael Wiley, XXXXXXXXXXXX."

IT IS SO ORDERED.


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