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U.S. v. Kesoyan, 2:15-CR-00236 GEB. (2018)

Court: District Court, E.D. California Number: infdco20180508870 Visitors: 11
Filed: May 07, 2018
Latest Update: May 07, 2018
Summary: REQUEST FOR MODIFICATION OF JUDGMENT AND COMMITMENT; ORDER GARLAND E. BURRELL, JR. , Senior District Judge . Defendant, Nelli Kesoyan, by and through her attorney of record, Malcolm Segal, hereby requests that the Court modify its stated Judgment dated April 27, 2018, only to the extent that it granted Defendant's request that the Court recommend confinement to the Camp at Victorville California. The Court accepted the Defendant's request but only insofar as it was in accord with the Defend
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REQUEST FOR MODIFICATION OF JUDGMENT AND COMMITMENT; ORDER

Defendant, Nelli Kesoyan, by and through her attorney of record, Malcolm Segal, hereby requests that the Court modify its stated Judgment dated April 27, 2018, only to the extent that it granted Defendant's request that the Court recommend confinement to the Camp at Victorville California. The Court accepted the Defendant's request but only insofar as it was in accord with the Defendant's security classification and space availability. No written Judgment and Commitment has yet been issued or filed by the Court.

The Defendant now requests that, in order to permit her family to more readily visit her while she is in custody, the Court modify its Judgment and Commitment only to the extent that confinement is recommended at the Camp at Dublin California, but only insofar as this accords with the Defendant's security classification and space availability.

The government, through its attorney of record, Assistant United States Attorney Jeremy Kelly, opposes the modification, made four days after Judgment was pronounced, on jurisdictional grounds, believing United States v. Ceballos, 671 F.3d 852 (9th Cir. 2011) does not permit the modification.

Modification of placement recommendation

The Court hereby modifies its placement recommendation and recommends that the Defendant Nelli Kesoyan be confined at the Bureau of Prisons Camp at Dublin California, but only insofar as this accords with the Defendant's security classification and space availability.

So ordered.

Source:  Leagle

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