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U.S. v. GUMMERSON, 2:12-mj-00380-CWH (2015)

Court: District Court, D. Nevada Number: infdco20150512b21 Visitors: 5
Filed: May 11, 2015
Latest Update: May 11, 2015
Summary: STIPULATION TO QUASH WARRANT AND CONVERT CLASSES TO COMMUNITY SERVICE CARL W. HOFFMAN , Magistrate Judge . IT IS HEREBY STIPULATED AND AGREED, by and between Daniel G. Bogden, United States Attorney, and Nadia J. Ahmed, Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, and Heidi A. Ojeda, Assistant Federal Public Defender, counsel for defendant ESMEDIA BAYTOC GUMMERSON, that the bench warrant issued on December 17,
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STIPULATION TO QUASH WARRANT AND CONVERT CLASSES TO COMMUNITY SERVICE

IT IS HEREBY STIPULATED AND AGREED, by and between Daniel G. Bogden, United States Attorney, and Nadia J. Ahmed, Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, and Heidi A. Ojeda, Assistant Federal Public Defender, counsel for defendant ESMEDIA BAYTOC GUMMERSON, that the bench warrant issued on December 17, 2013, be quashed, that Mrs. Gummerson's course obligations be convert to community service and that this matter be set for a status hearing now sooner than sixty (60) days.

This Stipulation is entered into for the following reasons:

1. Mrs. Gummerson has been unemployed and struggling financially for several years. Undersigned has been unable to remain in contact with her due to her frequently changing residences and her inability to afford her monthly cell phone bill. In addition to her unemployment and strained finances, her husband is seriously ill and unable to work or preform his activity of daily life without the assistance of Mrs. Gummerson.

2. Mrs. Gummerson recently was able to obtain a phone number and a permanent mailing box. She has contacted the undersigned and explained that although she is still unemployed, she has reached some stability in her life and would like to resolve the outstanding warrant and the remaining obligations of her case.

3. Based upon Mrs. Gummerson's initiative in contacting the undersigned and her desire to resolve this case, the parties request that the bench warrant issued in this case be quashed.

4. The only outstanding obligations are a $10 penalty assessment and completion of the DUI and VIP classes. Given Mrs. Gummerson's personal situation, the parties request that this Court waive the $10 penalty assessment and convert the DUI and VIP course obligations to 50 hours of community service. This conversion will allows Mrs. Gummerson to be able to complete the obligations of the Court without imposing a significant financial obligation on her and her husband (the combined total of the courses is at least $150.00).

5. The parties further request that this Court set this matter for status check within 60 days to allow Mrs. Gummerson time to complete the 50 hours of community service. This is the first request to quash warrant and convert classes to community service.

FINDINGS OF FACT, AND ORDER

FINDINGS OF FACT

Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds that:

1. Mrs. Gummerson has been unemployed and struggling financially for several years. Undersigned has been unable to remain in contact with her due to her frequently changing residences and her inability to afford her monthly cell phone bill. In addition to her unemployment and strained finances, her husband is seriously ill and unable to work or preform his activity of daily life without the assistance of Mrs. Gummerson.

2. Mrs. Gummerson recently was able to obtain a phone number and a permanent mailing box. She has contacted the undersigned and explained that although she is still unemployed, she has reached some stability in her life and would like to resolve the outstanding warrant and the remaining obligations of her case.

3. Based upon Mrs. Gummerson's initiative in contacting the undersigned and her desire to resolve this case, the parties request that the bench warrant issued in this case be quashed.

4. The only outstanding obligations are a $10 penalty assessment and completion of the DUI and VIP classes. Given Mrs. Gummerson's personal situation, the parties request that this Court waive the $10 penalty assessment and convert the DUI and VIP course obligations to 50 hours of community service. This conversion will allows Mrs. Gummerson to be able to complete the obligations of the Court without imposing a significant financial obligation on her and her husband (the combined total of the courses is at least $150.00).

5. The parties further request that this Court set this matter for status check within 60 days to allow Mrs. Gummerson time to complete the 50 hours of community service.

ORDER

IT IS FURTHER ORDERED that the bench warrant issued on December 17, 2013, be quashed, that Mrs. Gummerson's course obligations be converted to community service, and a status hearing be set for August 4, 2015 at the hour of ____ 1:30 p.m.

Source:  Leagle

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