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U.S. v. BEANE, 08-cr-00260-PJH-1. (2016)

Court: District Court, N.D. California Number: infdco20160928c96 Visitors: 4
Filed: Sep. 27, 2016
Latest Update: Sep. 27, 2016
Summary: ORDER SETTING BRIEFING SCHEDULE ON MOTION FOR ORDER TO APPLY FUNDS TO PAYMENT OF RESTITUTION Re: Dkt. No. 45 PHYLLIS J. HAMILTON , District Judge . The government has filed a motion for an order to apply funds held by the Federal Bureau of Investigation to payment of the restitution judgment entered against defendant Scot Allan Beane on December 3, 2008. Dkt. no. 45. Defendant is not represented for purposes of responding to the government's motion, but is currently represented by the Fede
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ORDER SETTING BRIEFING SCHEDULE ON MOTION FOR ORDER TO APPLY FUNDS TO PAYMENT OF RESTITUTION

Re: Dkt. No. 45

The government has filed a motion for an order to apply funds held by the Federal Bureau of Investigation to payment of the restitution judgment entered against defendant Scot Allan Beane on December 3, 2008. Dkt. no. 45. Defendant is not represented for purposes of responding to the government's motion, but is currently represented by the Federal Public Defender's Office ("FPD") only for the limited purpose of seeking habeas relief under Johnson v. United States, 135 S.Ct. 2551 (2015), pursuant to the court's Miscellaneous Order 2015.11.17. The FPD is hereby instructed to notify the court whether it will represent defendant in responding to the government's motion, or enter a notice of non-intervention, by October 12, 2016.

If the FPD does not represent defendant in responding to the government's motion, defendant may file a pro se response to the government's motion by October 26, 2016. The government may file a reply 14 days after a response is filed, at which time the matter will be deemed submitted on the papers.

The government is instructed to serve a copy of its motion and this scheduling order on defendant. The motion hearing noticed for October 12, 2016 is hereby VACATED.

IT IS SO ORDERED.

Source:  Leagle

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