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U.S. v. Hernandez, 1:17-CR-00198LJO-SKO. (2018)

Court: District Court, E.D. California Number: infdco20180322b19 Visitors: 13
Filed: Mar. 21, 2018
Latest Update: Mar. 21, 2018
Summary: STIPULATION TO ORDER DEFENDANT RELEASED ON HIS OWN RECOGNIZANCE BARBARA A. McAULIFFE , Magistrate Judge . IT 1S HEREBY STIPULATED by and between McGregor W. Scott, United States Attorney and Kimberly A. Sanchez, Assistant U.S. Attorney and Richard Beshwate, attorney for the defendant, that the defendant be released on his own recognizance. On or about March 15, 2018, the defendant attempted suicide by hanging in his cell at Fresno County Jail, and suffered an extended period oftime without
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STIPULATION TO ORDER DEFENDANT RELEASED ON HIS OWN RECOGNIZANCE

IT 1S HEREBY STIPULATED by and between McGregor W. Scott, United States Attorney and Kimberly A. Sanchez, Assistant U.S. Attorney and Richard Beshwate, attorney for the defendant, that the defendant be released on his own recognizance. On or about March 15, 2018, the defendant attempted suicide by hanging in his cell at Fresno County Jail, and suffered an extended period oftime without oxygen to his brain. As) Supervisory DUSM A. J. Castanedas spoke with the head nurse ofthe trauma unit at CRMC on several occasions, including March 21,`. The head nurse indicated she spoke with the doctors assigned to care for Mr. Hernandez and that his prognosis was poor. Due to the lack of oxygen to the brain, Mr. Hernandez has been unconscious since he was admitted to the hospital on March 15, `, and has a poor prognosis for recovery.

As such, the parties agree that Mr. Hernandez's lack of consciousness coupled with his poor prognosis, ameliorates any danger to the community or risk of flight. This assessment will change should his medical prognosis change, and the parties agree that should Mr. Hernandez regain consciousness, the Court's Order of detention based on danger to the community and flight risk should be reinstated. Should the consciousness regained be something less than a full recovery, the parties will request a hearing to determine whether the detention Order should be reinstated.

IT IS SO ORDERED.

Source:  Leagle

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