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U.S. v. Keslinke, CR 14-00237-JST. (2016)

Court: District Court, N.D. California Number: infdco20160524855 Visitors: 10
Filed: May 23, 2016
Latest Update: May 23, 2016
Summary: STIPULATION AND [PROPOSED] ORDER FOR APPLICATION OF FUNDS HELD IN COURT REGISTRY TO DEFENDANT'S CRIMINAL MONETARY PENALTIES JON S. TIGAR , District Judge . The United States and defendant Anthony Keslinke, by and through their respective counsel, hereby stipulate and agree as follows: 1. In the Plea Agreement entered on May 22, 2015, defendant Keslinke agreed to pay restitution in an amount to be set by the Court, but in no event less than $1,359,130 upon entry of his guilty plea. 2. De
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STIPULATION AND [PROPOSED] ORDER FOR APPLICATION OF FUNDS HELD IN COURT REGISTRY TO DEFENDANT'S CRIMINAL MONETARY PENALTIES

The United States and defendant Anthony Keslinke, by and through their respective counsel, hereby stipulate and agree as follows:

1. In the Plea Agreement entered on May 22, 2015, defendant Keslinke agreed to pay restitution in an amount to be set by the Court, but in no event less than $1,359,130 upon entry of his guilty plea.

2. Defendant Keslinke agreed to deposit the funds with the Clerk of the United States District Court in advance of sentencing for payment of restitution.

3. Defendant has paid $1,359,130 into the Clerk's registry pursuant to the Court's Order on August 17, 2015. See Dkt. No. 62.

4. Sentencing took place on April 22, 2016, at which time District Judge Jon S. Tigar imposed a restitution award of $1,427,130.

5. The parties therefore jointly request that the Court issue an Order authorizing the Clerk to issue an order in releasing the funds held in the Court Registry and apply the funds toward Defendant's outstanding restitution obligation.

6. The parties further agree that any interest accrued on the funds held in the registry shall be applied to the fine imposed upon the Defendant on the April 28, 2016 as part of his criminal monetary penalties.

IT IS SO STIPULATED.

[PROPOSED] ORDER

The Court, having considered the Stipulation Regarding Payment of Criminal Monetary Penalties, which arises from the plea agreement entered in this case, the Stipulation having been executed by the United States and defendant's counsel, and good cause appearing, hereby ORDERS as follows:

1. The Stipulation is approved; and

2. The Court hereby directs the Clerk to release $1,359,130, which represents the principal funds already paid by defendant Anthony Keslinke to be applied to Defendant's outstanding restitution obligation as set forth in the April 28, 2016 Judgment. Any accrued interest on the funds held in the registry shall be applied to the outstanding fine issued against Defendant in the April 28, 2016 Judgment.

IT IS SO ORDERED.

Source:  Leagle

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