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United States v. Antieau

United States District Court, Ninth Circuit

May 30, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
DENNIS ANTIEAU, Defendant.

ANTHONY P. CAPOZZI, CSBN: 068525, NICHOLAS A. CAPOZZI, CSBN: 275568, LAW OFFICES OF ANTHONY P. CAPOZZI, Fresno, California, Attorney for Defendant, DENNIS ANTIEAU.

Brian Enos, Assistant United States Attorney.

STIPULATION, DECLARATION OF ANTHONY P. CAPOZZI AND ORDER TO CONTINUE SURRENDER DATE

LAWRENCE J. O'NEILL, District Judge.

It is hereby stipulated between the United States Attorney by and through its counsel Brian Enos, the Defendant, Dennis Antieau, by and through his counsel of record, Anthony P. Capozzi that the surrender date of June 3, 2013, to the Federal Correctional Institution at Lompoc, California, be vacated and that a new surrender date of July 15, 2013, be ordered.

IT IS SO STIPULATED.

DECLARATION OF ANTHONY P. CAPOZZI

I, Anthony P. Capozzi, declare that I am an attorney licensed to practice law in the State of California and is in good standing. I am counsel of record for Defendant, Dennis Antieau. I have personal knowledge of the facts stated below and could testify competently to them if required.

1. This attorney has been retained by Defendant, Dennis Antieau, in an attempt to have the Bureau of Prisons re-designate the Defendant to the Medical Facility at Terminal Island.

2. The Defendant's previous attorney, Richard Berman, has since retired and is not able to represent Mr. Antieau.

3. Mr. Antieau has a serious heart condition which must be attended to while incarcerated.

4. Mr. Antieau's medical records were sent via the United States Postal Service Express Mail to the Federal Correctional Institute at Lompoc, California and the Bureau of Prisons Designation Center in Grand Prairie, Texas on February 21, 2013.

5. In a letter dated March 25, 2013, FCI Lompoc requested a Consent to Release Information form signed by Defendant. Defendant signed the Consent Form on March 29, 2013, and it was submitted. The signed form was also faxed on Wednesday, May 29, 2013.

6. This attorney has spoken to the United States Pre-trial officer Jacob Scott and to Assistant United States Attorney Brian Enos and both agree to a continuance of the surrender date.

8. It is respectfully requested that the Defendant be allowed to surrender on July 15, 2013, at 2:00 p.m. in order for the Bureau of Prisons to review his medical records and to issue its decision regarding a re-designation to Terminal Island.

ORDER

Good cause has been shown to vacate Defendant's surrender date of June 1, 2013, said date is vacated and a new surrender date of July 15, 2013, at 2:00 p.m. is hereby ordered.

IT IS SO ORDERED.


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