Filed: Apr. 04, 2018
Latest Update: Apr. 04, 2018
Summary: REQUEST TO ORDER SURRENDER GARLAND E. BURRELL, JR. , Senior District Judge . On September 29, 2017, defendant Kyn Naope was sentenced to 60 months of imprisonment and ordered to surrender to the Bureau of Prisons by 2:00 P.M. on January 5, 2018. ECF Nos. 51, 53. Through various procedural mechanisms, the defendant attempted to delay service of his sentence. See ECF Nos. 63, 68, 70. On January 4, 2018, the day before he was ordered to surrender, Naope filed a motion for bail pending appea
Summary: REQUEST TO ORDER SURRENDER GARLAND E. BURRELL, JR. , Senior District Judge . On September 29, 2017, defendant Kyn Naope was sentenced to 60 months of imprisonment and ordered to surrender to the Bureau of Prisons by 2:00 P.M. on January 5, 2018. ECF Nos. 51, 53. Through various procedural mechanisms, the defendant attempted to delay service of his sentence. See ECF Nos. 63, 68, 70. On January 4, 2018, the day before he was ordered to surrender, Naope filed a motion for bail pending appeal..
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REQUEST TO ORDER SURRENDER
GARLAND E. BURRELL, JR., Senior District Judge.
On September 29, 2017, defendant Kyn Naope was sentenced to 60 months of imprisonment and ordered to surrender to the Bureau of Prisons by 2:00 P.M. on January 5, 2018. ECF Nos. 51, 53. Through various procedural mechanisms, the defendant attempted to delay service of his sentence. See ECF Nos. 63, 68, 70. On January 4, 2018, the day before he was ordered to surrender, Naope filed a motion for bail pending appeal with the Ninth Circuit, and the next day filed an emergency motion to stay his surrender date until that bail motion was decided. See C.A. No. 17-10444, Dkt. 3, 5. The Ninth Circuit granted the emergency motion on January 5, 2018, and Naope's self-surrender date was stayed pending resolution of his motion for bail pending appeal. Dkt. 6. On March 28, 2018, the Ninth Circuit denied Naope's motion for bail pending appeal.
Accordingly, the United States requests that this Court issue the enclosed proposed order specifying that Naope must self-surrender to the Bureau of Prisons without further delay, but in any event no later than 2:00 PM on Monday, April 2, 2018.
ORDER REGARDING SURRENDER
Upon application of the United States of America and given the denial of bail pending appeal, and Defendant Kyn Naope's Request to Set Self-Surrender, ECF No. 88, it is hereby ordered that Defendant shall surrender for service of his sentence at the institution designated by the Bureau of Prisons no later than 4 p.m April 10, 2018.