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United States v. Samuel

United States District Court, Ninth Circuit

December 23, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
HODA SAMUEL, Defendant.

BENJAMIN B. WAGNER, United States Attorney, PHILIP A. FERRARI, TODD A. PICKLES, Assistant United States Attorneys, Sacramento, CA, Attorneys for Plaintiff, United States of America.

ORDER AND FINDINGS RE: MEDICAL ISSUES AND SURRRENDER TO THE BUREAU OF PRISONS

JOHN A. MENDEZ, District Judge.

This matter came before the Court on December 18, 2013, on remand from the Ninth Circuit Court of Appeals to conduct an evidentiary hearing with respect to medical issues relating to Defendant Hoda Samuel. As set forth in the Ninth Circuit's Order, these issues included Samuel's "current medical issues, her impending surgery scheduled for January 28, 2014, when appellant would be able to report to [BOP] to begin her sentence if surgery occurs on January 28, 2014, and whether BOP is capable of offering appellant the needed surgery, and if so, when such a surgery could be scheduled." The Court heard testimony from Dr. David Mankse (the defendant's treating orthopedic surgeon), the defendant's friend Gloria King, and the defendant herself. The Court also received and considered a sworn declaration by Dr. James Pelton, Western Regional Medical Director for the United States Bureau of Prisons. Finally, during the hearing, the Court received into evidence various exhibits submitted by the parties, primarily consisting of correspondence from Dr. Manske and medical records relating to defendant. Having heard, read, and considered all of the evidence and the arguments of the parties, the Court made findings on the record with respect to the issues identified by the Ninth Circuit. Attached to this Order and incorporated by reference is a copy of the portion of the hearing transcript setting forth those findings. For the reasons set forth therein: 1) defendant Hoda Samuel is ordered to surrender to the custody of the Federal Medical Center, United States Bureau of Prisons, at Carswell, Texas, or the United States Marshal's Office at the Robert T. Matsui Federal Courthouse, no later than 2:00 p.m. on January 6, 2014;[1] and 2) the United States is ordered to file a copy of this Order and the attached transcript with the Ninth Circuit.

IT IS SO FOUND AND ORDERED.


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