Filed: Aug. 01, 2018
Latest Update: Aug. 01, 2018
Summary: STIPULATION REGARDING AND [PROPOSED] ORDER REGARDING SURRENDER DATE GARLAND E. BURRELL, JR. , Senior District Judge . STIPULATION 1. Vanik Movsesyan ("Movsesyan") pleaded guilty to the conspiracy count in the superseding indictment on October 27, 2017. ECF No. 108. In April, he was sentenced to twenty-one months incarceration. ECF No. 226. The Court ordered Movsesyan to surrender himself to the United States Marshall in the Central District of California, or to the institution designated b
Summary: STIPULATION REGARDING AND [PROPOSED] ORDER REGARDING SURRENDER DATE GARLAND E. BURRELL, JR. , Senior District Judge . STIPULATION 1. Vanik Movsesyan ("Movsesyan") pleaded guilty to the conspiracy count in the superseding indictment on October 27, 2017. ECF No. 108. In April, he was sentenced to twenty-one months incarceration. ECF No. 226. The Court ordered Movsesyan to surrender himself to the United States Marshall in the Central District of California, or to the institution designated by..
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STIPULATION REGARDING AND [PROPOSED] ORDER REGARDING SURRENDER DATE
GARLAND E. BURRELL, JR., Senior District Judge.
STIPULATION
1. Vanik Movsesyan ("Movsesyan") pleaded guilty to the conspiracy count in the superseding indictment on October 27, 2017. ECF No. 108. In April, he was sentenced to twenty-one months incarceration. ECF No. 226. The Court ordered Movsesyan to surrender himself to the United States Marshall in the Central District of California, or to the institution designated by the Bureau of Prisons, before 2 o'clock p.m. on June 26, 2018. See id.; ECF No. 241-1 at 24 (transcript of judgment and sentencing).
2. Following the hearing, Movsesyan noted an appeal of his sentence and moved for bail pending appeal. ECF Nos. 225, 229. This Court denied his motion for bail pending appeal. ECF No. 252.
3. On June 25, 2018, Movsesyan filed a motion for bail pending appeal with the Ninth Circuit and an accompanying emergency motion for an order authorizing him to remain out of custody pending resolution of his motion pursuant to Ninth Circuit Rule 9-1.2(e). See No. 18-10168, Dkt. Entries 18 and 19 (9th Cir.). The Ninth Circuit issued an order clarifying that under Circuit Rule 9-1.2(e) Movsesyan's bail would remain in effect until the Ninth Circuit ruled on his motion. No. 18-10168, Dkt. 20.
4. On July 5, 2018, the government filed an opposition to Movsesyan's motion for bail pending appeal and moved to dismiss Movsesyan's appeal. No. 18-10168 Dkt. Entries 21 and 22.
5. On July 30, 2018, the Ninth Circuit denied Movsesyan's motion for bail pending appeal and dismissed his appeal. See Attachment 1 (No. 18-10168 Dkt. 26 (Order)).
6. The parties agree and stipulate to the following:
a) Because Movsesyan's motion for bail pending appeal has been denied by the Ninth Circuit, Ninth Circuit Rule 9-1.2(e) is no longer applicable. As such, Movsesyan must begin service of his sentence. Therefore, the parties agree the Court should order that Movsesyan surrender without undue delay to the United States Marshall in the Central District of California or to the facility designated by the Bureau of Prisons.
b) Counsel for Movsesyan has represented that Movsesyan and his family are making travel arrangements to enable Movsesyan to surrender at the facility designated by the Bureau of Prisons.
c) The parties agree that Thursday August 2, 2018, at 2:00 p.m. is an appropriate and reasonable surrender date for Movsesyan.
d) Movsesyan understands that if he fails to surrender for the service of his sentence as ordered, that failure would constitute a separate criminal offense, punishable by a consecutive term of imprisonment and fine.
7. Accordingly, the parties jointly request that the Court issue an order directing Movsesyan to surrender to the United States Marshall in the Central District of California or to a facility designated by the Bureau of Prison before 2:00 p.m. on August 2, 2018.
IT IS SO STIPULATED.
ORDER
The defendant, Vanik Movsesyan, is ordered to surrender himself to the United States Marshal in the Central District of California, or to the institution designated by the Bureau of Prisons, before 2:00 p.m. on August 2, 2018.
IT IS SO ORDERED.
