STIPULATION AND ORDER REGARDING SELF SURRENDER

KIMBERLY J. MUELLER, District Judge.

STIPULATION

Plaintiff United States of America, by and through its counsel of record, and defendant, by and through defendant's counsel of record, hereby stipulate as follows:

1. Defendant Leonard Bernot is currently released on bail pending appeal pursuant to 18 U.S.C. § 3143(b).

2. On December 27, 2016, the Ninth Circuit issued a memorandum of disposition affirming the defendant's sentence.

3. On February 14, 2017, the circuit court's mandate was filed with this Court. ECF No. 1539.

4. As a result of the circuit court's affirmance of the sentence, the defendant no longer meets the statutory requirements for bail pending appeal. See 18 U.S.C. § 3143(b).

5. The defendant has filed a new motion for bail pending collateral attack of his guilty plea.

6. The parties agree that a self-surrender date of April 3, 2017, will give the defendant sufficient time to make arrangements and to put his affairs in order.

7. Therefore, the parties agree and stipulate, and request that, unless the Court grants the defendant's pending motion for bail pending collateral attack, the Court order that the defendant self-surrender no later than Monday, April 3, 2017 at 2:00 p.m. to the facility designated by the Bureau of Prisons, or to the nearest U.S. Marshall's Office.

8. The parties further stipulate and agree that a willful failure to appear on that date will constitute a separate felony violation, punishable by a consecutive term of imprisonment and/or a fine.

9. Counsel for the defendant further represents that she has discussed the foregoing stipulation and proposed order with the defendant and that the defendant understands and agrees with each of the stipulations set forth herein, and has authorized counsel to stipulate on his behalf.

IT IS SO STIPULATED.

FINDINGS AND ORDER

IT IS SO FOUND AND ORDERED.