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U.S. v. McGowan, 2:12-CR-0207-TLN. (2018)

Court: District Court, E.D. California Number: infdco20180918a39 Visitors: 1
Filed: Sep. 17, 2018
Latest Update: Sep. 17, 2018
Summary: STIPULATION REGARDING SELF SURRENDER TROY L. NUNLEY , 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 Ryan McGowan is currently released on bail pending appeal pursuant to 18 U.S.C. 3143(b). 2. On August 20, 2018, the Ninth Circuit issued a memorandum of disposition affirming the defendant's sentence. 3. On September 11, 2018, th
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STIPULATION REGARDING SELF SURRENDER

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 Ryan McGowan is currently released on bail pending appeal pursuant to 18 U.S.C. § 3143(b).

2. On August 20, 2018, the Ninth Circuit issued a memorandum of disposition affirming the defendant's sentence.

3. On September 11, 2018, the circuit court's mandate was filed with this Court. ECF No. 448.

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 parties agree that a self-surrender date of November 13, 2018, will give the defendant sufficient time to make arrangements and to put his affairs in order.

6. Therefore, the parties agree and stipulate, and request that, the Court order that the defendant self-surrender no later than Tuesday, November 13, 2018 at 2:00 p.m. to the facility designated by the Bureau of Prisons, or to the nearest U.S. Marshall's Office.

7. 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.

8. Counsel for the defendant further represents that he 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.

Source:  Leagle

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