U.S. v. Ramirez Zuno, 2:16-CR-092 JAM. (2016)
Court: District Court, E.D. California
Number: infdco20160511878
Visitors: 16
Filed: May 09, 2016
Latest Update: May 09, 2016
Summary: STIPULATION AND [PROPOSED] ORDER REGARDING CONDITIONS FOR POSTING CORPORATE SURETY BOND EDMUND F. BRENNAN , Magistrate Judge . The parties to this action, Plaintiff United States of America by and through Assistant United States Attorney Matthew Morris, and Defendant Marco Antonio Ramirez Zuno by and through his attorneys Walter Reynoso and Todd D. Leras, stipulate as follows: 1. Defendant Ramirez Zuno's initial appearance in this matter occurred in the United States District Court for t
Summary: STIPULATION AND [PROPOSED] ORDER REGARDING CONDITIONS FOR POSTING CORPORATE SURETY BOND EDMUND F. BRENNAN , Magistrate Judge . The parties to this action, Plaintiff United States of America by and through Assistant United States Attorney Matthew Morris, and Defendant Marco Antonio Ramirez Zuno by and through his attorneys Walter Reynoso and Todd D. Leras, stipulate as follows: 1. Defendant Ramirez Zuno's initial appearance in this matter occurred in the United States District Court for th..
More
STIPULATION AND [PROPOSED] ORDER REGARDING CONDITIONS FOR POSTING CORPORATE SURETY BOND
EDMUND F. BRENNAN, Magistrate Judge.
The parties to this action, Plaintiff United States of America by and through Assistant United States Attorney Matthew Morris, and Defendant Marco Antonio Ramirez Zuno by and through his attorneys Walter Reynoso and Todd D. Leras, stipulate as follows:
1. Defendant Ramirez Zuno's initial appearance in this matter occurred in the United States District Court for the Southern District of Florida. Following a hearing on April 20, 2016, United States Magistrate Judge Alicia M. Otazo-Reyes ordered the conditional release of Mr. Ramirez Zuno subject to the posting of a corporate surety bond in the amount of $250,000 and the satisfaction of a source of funds inquiry within the meaning of United States v. Nebbia, 357 F.2d 303 (2d. Cir. 1966) (hereafter referred to as "the Nebbia condition"). Based on Ramirez-Zuno's waiver of a removal hearing, Magistrate Judge Otazo-Reyes further ordered the matter transferred from the Southern District of Florida to the Eastern District of California.
2. Defendant Ramirez Zuno thereafter initially appeared in custody in the Eastern District of California before United States Magistrate Judge Edmund F. Brennan on May 5, 2016. Mr. Ramirez Zuno, by and through lead counsel Walter Reynoso a member of the Florida State Bar appearing pro hac vice and assisting local counsel Todd D. Leras, requested adoption of the same corporate surety bond release conditions ordered in the Southern District of Florida along with the General Conditions of Release imposed upon defendants subject to pre-trial supervision in the Eastern District of California. The United States did not object to the request. Magistrate Judge Brennan tentatively adopted the defense proposal, subject to hearing additional information regarding the express language suggested by the parties as to satisfaction of the conditions for posting of the corporate surety bond.
3. On May 9, 2016, the parties participated in a conference call before Magistrate Judge Brennan. Defendant Ramirez Zuno's counsel proposed that the Court expressly require the following conditions be satisfied before Mr. Ramirez Zuno is permitted to post the proposed $250,000 corporate surety bond:
a. Mr. Ramirez Zuno must proffer to the government information regarding the source of funds for the corporate surety bond sufficient to satisfy the Nebbia condition.
b. A motion for release of Defendant Ramirez Zuno on conditions may be set upon joint request of the parties after defense counsel provides the government with information sufficient to satisfy the Nebbia condition.
c. The matter of any Special Conditions of Release to be imposed upon Mr. Ramirez is reserved until such time as further hearing on the motion for release is requested by the parties.
The parties therefore request adoption of the conditions set forth in the preceding three subparagraphs to paragraph 3. Assistant U.S. Attorney Matthew Morris has reviewed this stipulation and proposed order and authorized Todd Leras to sign it on his behalf.
DATED: May 9, 2016
By Todd D. Leras for
MATTHEW MORRIS
Assistant United States Attorney
ORDER
BASED ON THE REPRESENTATIONS AND STIPULATION OF THE PARTIES and as modified below, it is hereby ordered that:
Defendant Ramirez Zuno may be released on pre-trial conditions pursuant to the posting of a $250,000 corporate surety bond subject to the following conditions:
a. Ramirez Zuno proffers information to government counsel sufficient to satisfy the United States regarding the source of funds for the proposed bond within the meaning of United States v. Nibbia, 357 F.2d 303 (2d. Cir. 1966);
b. The parties may jointly move, following satisfaction of the condition in the preceding paragraph, that the matter be placed before the Court for further hearing; and
c. Defendant Ramirez Zuno shall remain detained pending a ruling on any such motion and the satisfaction of these conditions
d. The matter of any additional Special Conditions of Release to be imposed is reserved until such time as a motion for further detention hearing is placed on calendar under the terms of this Order.
Source: Leagle
