LAWRENCE J. O'NEILL, Chief District Judge.
IT IS HEREBY STIPULATED by and between McGregor W. Scott, United States Attorney, through Grant B. Rabenn, Assistant United States Attorney, counsel for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender, Jerome Price, counsel for Defendant Ashley Thomas, that the special assessment payments, totaling $425.00, paid by Mrs. Thomas be returned due to the dismissal of the superseding indictment.
On May 27, 2016, a jury convicted Mrs. Thomas on eleven of the charged counts in the superseding indictment. (ECF No. 244.) Mrs. Thomas was sentenced to 42 months of imprisonment on each count to be served concurrently to each other. (ECF No. 359.) Mrs. Thomas was also ordered to pay a mandatory special assessment of $1,100, pursuant to 18 U.S.C. § 3013. (Id.) The Ninth Circuit reversed Mrs. Thomas's convictions on April 4, 2018. (ECF No. 419.) Thereafter, the government moved to dismiss the superseding indictment against Mrs. Thomas. The Court dismissed the superseding indictment on July 27, 2018. (ECF No. 447.) During the time she was incarcerated, Mrs. Thomas paid $425.00 toward her special assessment. The Clerk's Office has confirmed the amount paid into Mrs. Thomas's account through providing defense counsel a case inquiry report.
The parties stipulate that since Mrs. Thomas no longer stands convicted of any charges on the superseding indictment, she is entitled to a return of any payments made toward her special assessment.
The Court, having read and considered the parties' stipulation, and good cause appearing therefrom, hereby adopts the parties' stipulation in its entirety as its order. Since the Superseding Indictment in this case has been dismissed, the Court hereby orders that the Clerk refund the total special assessment payments made by Defendant Ashley Thomas on Case 1:14-cr-00228-LJO-SKO. It is further ordered that the Financial Department contact the Federal Defender to obtain Defendant Thomas's current mailing address.