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United States v. Eberle

United States District Court, Ninth Circuit

January 24, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
BARBARA EBERLE, et al. Defendant.

JOSEPH J. WISEMAN, ESQ., CSBN 107403, JENNIFER C. NOBLE, ESQ., CSBN 256952, WISEMAN LAW GROUP, P.C., Davis, California, Attorney for Defendant, BARBARA EBERLE.

DEFENDANT BARBARA EBERLE'S EX PARTE APPLICATION FOR TRAVEL EXPENSES AND PROPOSED ORDER

GARIAND E. BURRELL, Jr., Senior District Judge.

INTRODUCTION

Defendant BARBARA EBERLE hereby requests the Court authorize travel expenses to and from this court for the purpose of attending her Judgment and Sentencing hearing, pursuant to 18 U.S.C. § 4285. Ms. Eberle is unable to afford her own transportation costs from her residence to the sentencing scheduled for March 7, 2014.

Under § 4285, the Court may, after determining that "the defendant is financially unable to provide the necessary transportation to appear before the required court on her own, direct the United States marshal to arrange for that person's means of non-custodial transportation or furnish the fare for such transportation to the place where her appearance is required, and in addition may direct the United States Marshal to furnish that person with an amount of money for subsistence expenses to her destination, not to exceed the amount authorized as a per diem allowance for travel under § 5702(a) of title 5, United States Code." 18 U.S.C. § 4285.

Mrs. Eberle qualifies for appointed counsel under the Criminal Justice Act. She works part-time as a math tutor and is the sole breadwinner for her and her husband. She lives in Oxford, Georgia. Though she has paid her own way to California for previous court appearances, due to her husband's medical bills, she can no longer afford the airfare to and from Atlanta, Georgia, to Sacramento, California.

For these reasons, Mrs. Eberle respectfully requests that the Court order the United States Marshal's Service to provide transportation to and from Sacramento, California, for Mrs. Eberle's sentencing hearing on March 7, 2014, as well as provide subsistence expenses for travel.

ORDER

TO: UNITED STATES MARSHAL SERVICE, SACRAMENTO, CALIFORNIA:

GOOD CAUSE APPEARING, it is hereby ordered that the UNITED STATES MARSHAL SERVICE is authorized and directed to furnish the above named defendant, BARBARA EBERLE, with transportation to Sacramento, Calif. from Atlanta, Georgia, on Thursday, March 6, 2014, and returning to Atlanta, Georgia, on March 7, 2014. Mrs. Eberle is ordered to appear before this court on March 7, 2014, at 9:00 a.m., and is unable to afford her own transportation.

Further, the UNITED STATES MARSHAL SERVICE is directed to furnish BARBARA EBERLE with an amount of money for subsistence expenses to and from her destination, not to exceed the amount authorized as a per diem allowance for travel under § 5702(a) of Title 5, United States Code.

IT IS SO ORDERED.


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