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United States v. Salzer, 2:18-cr-189-MMD-EJY. (2020)

Court: District Court, D. Nevada Number: infdco20200129d76 Visitors: 4
Filed: Jan. 27, 2020
Latest Update: Jan. 27, 2020
Summary: STIPULATION TO RESTITUTION AMOUNT AND PROPOSED ORDER MIRANDA M. DU , District Judge . It is stipulated and agreed to by and between United States Attorney Nicholas A. Trutanich and Assistant United States Attorney Elham Roohani, counsel for the United States of America, and Federal Defender Rene L. Valladares and Assistant Federal Defender Sylvia Irvin, counsel for Defendant Danny Ray Salzer, that the restitution amount has been agreed upon and that as a result, it is not necessary for this
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STIPULATION TO RESTITUTION AMOUNT AND PROPOSED ORDER

It is stipulated and agreed to by and between United States Attorney Nicholas A. Trutanich and Assistant United States Attorney Elham Roohani, counsel for the United States of America, and Federal Defender Rene L. Valladares and Assistant Federal Defender Sylvia Irvin, counsel for Defendant Danny Ray Salzer, that the restitution amount has been agreed upon and that as a result, it is not necessary for this Court to set a restitution hearing.

This parties enter this Stipulation for the following reasons:

1. On October 16, 2019, this Court sentenced Mr. Salzer to 186 months of imprisonment. ECF Nos. 48, 50. As requested by the parties, this Court agreed to postpone the restitution hearing to allow the parties to finalize the restitution amount. ECF No. 48. At the sentencing hearing, Mr. Salzer waived his right to be present at the restitution hearing. See id.

2. Since the sentencing hearing, the parties have conferred regarding the restitution amount. Defense counsel agrees that the Government has met its burden under Paroline v. United States, 572 U.S. 434 (2014), and United States v. Galan, 804 F.3d 1287 (9th Cir. 2015). Accordingly, Mr. Salzer has no legal or factual objections to the restitution request and agrees to pay restitution to Z.R. in the amount of $23,328.00. No other restitution requests were presented to the Defendant and defense counsel by the Government as to any other victim.

3. The parties agree that Mr. Salzer should pay restitution in the total amount of $23,328.00 to Z.R., and request the Court allow Mr. Salzer to make nominal monthly payments. Concurrent with this Stipulation, the restitution list is being filed under seal because it contains the name of the victim.

DATED this 27th day of January, 2020. RENE L. VALLADARES NICHOLAS A. TRUTANICH Federal Public Defender United States Attorney By /s/ Sylvia Irvin By /s/ Elham Roohani Sylvia Irvin Elham Roohani Assistant Federal Public Defender Assistant United States Attorney

RESTITUTION ORDER

Based on the Stipulation submitted by counsel for the Government and defense counsel, IT IS THEREFORE ORDERED that the Defendant Danny Ray Salzer will pay restitution in the amount of $23,328.00 to Z.R. The restitution list will be attached to the final judgment and filed UNDER SEAL.

Source:  Leagle

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