Filed: Mar. 09, 2020
Latest Update: Mar. 09, 2020
Summary: AMENDED STIPULATION AND [PROPOSED] ORDER RELEASING COURT REGISTRY FUNDS FOR PAYMENT OF DEFENDANT'S FINE AND SPECIAL ASSESSMENT OBLIGATION AS MODIFIED BY THE COURT PHYLLIS J. HAMILTON , Chief District Judge . Plaintiff United States of America ("Plaintiff") and Defendant Michael Marr ("Defendant"), by and through their respective counsel, hereby stipulate and agree as follows: 1. Defendant is indebted to the United States in the original amount of $1,397,261.59 arising out of a Judgme
Summary: AMENDED STIPULATION AND [PROPOSED] ORDER RELEASING COURT REGISTRY FUNDS FOR PAYMENT OF DEFENDANT'S FINE AND SPECIAL ASSESSMENT OBLIGATION AS MODIFIED BY THE COURT PHYLLIS J. HAMILTON , Chief District Judge . Plaintiff United States of America ("Plaintiff") and Defendant Michael Marr ("Defendant"), by and through their respective counsel, hereby stipulate and agree as follows: 1. Defendant is indebted to the United States in the original amount of $1,397,261.59 arising out of a Judgmen..
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AMENDED STIPULATION AND [PROPOSED] ORDER RELEASING COURT REGISTRY FUNDS FOR PAYMENT OF DEFENDANT'S FINE AND SPECIAL ASSESSMENT OBLIGATION AS MODIFIED BY THE COURT
PHYLLIS J. HAMILTON, Chief District Judge.
Plaintiff United States of America ("Plaintiff") and Defendant Michael Marr ("Defendant"), by and through their respective counsel, hereby stipulate and agree as follows:
1. Defendant is indebted to the United States in the original amount of $1,397,261.59 arising out of a Judgment in a Criminal Case (the "Judgment") entered on March 23, 2018, in the United States District Court for the Northern District of California in the above-captioned matter. See Dkt No. 439.
2. Defendant agreed to deposit the funds with the Clerk of the United States District Court pending resolution of Defendant's appeal of the above referenced criminal judgment. See Dkt. No. 453.
3. Defendant has paid $1,397,261.59 into the Clerk's registry pursuant to the Court's Order on April 26, 2018. See Dkt. No. 454.
4. Upon Defendant's appeal, United States Court of Appeals for the Ninth Circuit affirmed the United States District Court's decision in favor of the United States on January 25, 2019, and the mandate issued on April 11, 2019. See Dkt. Nos. 467, 468.
5. The parties therefore jointly request that the Court issue an Order authorizing the Clerk to issue an order releasing funds held in the Court Registry in this matter, including interest earned thereon, sufficient to satisfy the Defendant's outstanding fine of $1,397,061.59 and any interest owed by the defendant under 18 U.S.C. § 3612(f) (which is approximately $11,686.47).
7. The parties further agree that any excess funds held by the registry after full satisfaction of the judgment and interest shall be returned to the Defendant.
IT IS SO STIPULATED.
Dated: March 6, 2020 /s/Martha Boersch
MARTHA BOERSCH
Attorney for Defendant
Michael Marr
Dated: March 6, 2020 DAVID L. ANDERSON
United States Attorney
/s/Shining J. Hsu
SHINING J. HSU1
Assistant United States Attorney
Attorneys for Plaintiff
[PROPOSED] ORDER
The Court, having considered the Stipulation Regarding Release of Funds Held in the Registry, 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 $1,397,261.59, $1,397,061.59 which represents the principal funds already paid by Defendant to be applied to Defendant's outstanding fine and special assessment obligation as set forth in the March 23, 2018 Judgment. Any accrued interest on the funds held in the registry shall be applied to any outstanding criminal monetary penalties issued against Defendant in the March 23, 2018 Judgment, and accrued interest. The Clerk shall return any excess funds to the Defendant.
IT IS SO ORDERED.
