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United States v. Torres

United States District Court, E.D. California

July 24, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
ISRAEL CARLOS TORRES, Defendant.

          HEATHER E. WILLIAMS, Bar#122664 Federal Defender VICTOR M. CHAVEZ, Bar #113752 Assistant Federal Defender Attorneys for Defendant ISRAEL CARLOS TORRES

          NOTICE OF MOTION AND UNOPPOSED MOTION TO TERMINATE PROBATION; MEMORANDUM OF POINTS AND AUTHORITIES; ORDER (HEARING NOT REQUESTED)

          LAWRENCE J. O'NEILL UNITED STATES CHIEF DISTRICT JUDGE

         TO: SCOTT W. McGREGOR, UNITED STATES ATTORENY, AND KIMBERLY A. SANCHEZ, ASSISTANT UNITED STATES ATTORNEY, COUNSEL FOR PLAINTIFF:

         PLEASE TAKE NOTICE that defendant, Israel Torres, through undersigned counsel, hereby files this motion for early termination of probation. The motion is directed to the Honorable Lawrence J. O'Neill. The defendant requests that the Court grant this motion without first holding a hearing based on the fact that Probation Officer, Adam Tunison supports the motion and the government has no objection to it.

         I. MOTION

         Mr. Torres, by his counsel of record, Assistant Federal Defender Victor M. Chavez, hereby moves this Court for an order terminating his term of probation. This motion is made pursuant to 18 U.S.C. § 3564(c), Eastern District of California Local Rule Crim. 430.1, and such other statutory rules as may be applicable.

         This motion is based upon the instant motion and notice of motion, the accompanying statement of facts and memorandum of points and authorities, the files and records in the above-entitled case, and all other information that may be brought to the Court's attention before or during any hearing on this motion.

         II. PROCEDURAL HISTORY

1. On January 9, 2014, Israel Torres was charged by indictment with Count 1; felon in possession of a firearm. (18 USC § 922(g)(1)), Count 2; possession of a stolen firearm. (18 USC § 924(d)(1)).
2. Mr. Torres plead guilty to felon in possession of a firearm, 18 USC § 922(g)(1) on February 26, 2015.
3. On July 18, 2016 this Court sentenced Mr. Torres to a five year term of probation.
4. On July 18, 2019 Mr. Torres successfully completed 3 years of probation.
5. Mr. Torres requests early termination of his probation. His probation officer Adam Tunison supports early termination.
6. On July 19, 2019 Assistant United States Attorney Kimberly A. Sanchez advised the defense, by email, that she does not have any objection to Mr. ...

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