UNOPPOSED MOTION AND PROPOSED ORDER TO CORRECT JUDGMENT

PHILIP M. PRO, District Judge.

COMES NOW THE DEFENDANT, Johnnie Ray Burkholder, by and through counsel, Rene L. Valladares, Federal Public Defender, and Nisha Brooks-Whittington, Assistant Federal Public Defender, pursuant to Federal Rules of Criminal Procedure 36 requesting that Mr. Burkholder's Judgment be corrected to reflect the restitution amount due and owing of $867.19.

This motion is entered into for the following reasons:

1. On December 3, 2012, Mr. Burkholder pleaded guilty to one count of Bank Robbery, in violation of 18 U.S.C. § 2113, pursuant to a non-binding written plea agreement. Docket No. 23. This Court sentenced Mr. Burkholder on March 4m 2013, to one hundred and Fifth-one (151) months in the Bureau of Prisons' custody and to a three (3) Year term of supervised release to follow. Docket No. 32. The Court further ordered Mr. Burkholder to pay restitution in the amount of $4,473. Case No. 2:12-cr-240-PMP-CWH. Id.

2. Undersigned counsel and Assistant United States Attorney, Michael Chu ("Mr. Chu" Mr. Burkholder's possession at the time of his arrest would be returned to the bank and thus credited towards his restitution obligation. See Ex.1. During the sentencing hearing on March 4, 2013, undersigned counsel noted on the record that an "FBI agent recovered $3600 on [Mr. Burkholder's] person which would bring the restitution amount down to $873." See Ex.2 (Transcript of Proceedings, March 4, 2013 at 32, lines 24-25). Mr. Chu requested the Court "should just make the $4,473 loss" as part of the restitution list payable to "Nevada State Bank." "Then Mr. Burkholder will then get credit for the money that was seized and returned." Id. at 33, lines 14-17.

3. Undersigned counsel contacted Federal Bureau of Investigation's Agent, Henry Schlumpf ("Mr. Schlumpf") and was informed that he returned the seized money from Mr. Burkholder in the amount of $3,605.81 to the Nevada State Bank. Mr. Schlump shared this information with a representative in the Financial Litigation Unit in the United States Attorneys' Office. Undersigned counsel recently contacted Assistant United States Attorney, Roger Yang and explained the status of the seized money and request to correct Mr. Burkholder's restitution obligation to reflect the money returned to the Nevada State Bank.

4. The government has no opposition to this request and agrees that the restitution amount should be corrected to $867.19 to reflect the $3,605.81 returned to the Nevada State Bank. Mr. Burkholder therefore respectfully request that the Court correct his judgment to reflect restitution in the amount of $867.19.

ORDER TO CORREC JUDGMENT

ORDER

GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the previously filed judgment be corrected to reflect restitution ordered in the amount of $867.19.