Opinion
1:18-mj-00065-EPG
05-01-2023
UNITED STATES OF AMERICA, Plaintiff, v. ABDUL ALSAMAH, Defendant.
HEATHER E. WILLIAMS Federal Defender REED GRANTHAM Assistant Federal Defender Attorney for Defendant ABDUL ALSAMAH
HEATHER E. WILLIAMS Federal Defender
REED GRANTHAM Assistant Federal Defender Attorney for Defendant ABDUL ALSAMAH
UNOPPOSED MOTION TO EXONERATE BOND AND RECONVEY ORIGINAL DEED OF TRUST; ORDER
BARBARA A. MCAULIFFE, UNITED STATES MAGISTRATE JUDGE
Defendant Abdul Alsamah hereby moves this Court to exonerate the property bond and to reconvey the original deed of trust to the property owned and posted by Mahlia Mobarez in this matter on June 1, 2018, pursuant to Rule 46 of the Federal Rules of Criminal Procedure. See Dkt. #16-17.
On April 19, 2018, Mr. Alsamah was charged in a criminal complaint out of the Central District of Illinois. See Dkt. #1 at 2. Mr. Alsamah was arrested in and made his initial appearance in the Eastern District of California on April 27, 2018. See Dkt. #5.
On May 3, 2018, a detention hearing was held in this matter. See Dkt. #8. At the detention hearing, Mr. Alsamah was ordered released from custody under the supervision of Pretrial Services on terms and conditions that included the posting of a “[t]otal equity property bond of not less than $400,000, secured by the property owned by Mahlia Mobarez.” Dkt. 15 at 2. The property bond was posted on the docket as follows:
| 05/16/2018 | 16 | COPY OF DEED OF TRUST #2018095844 and Original Straight Note RECEIVED, posted by Mahlia Mobarez as to Abdul Ghani Alsamah. (Sant Agata, S) (Entered: 05/16/2018) |
| 06/01/2018 | 17 | COLLATERAL RECEIVED as to Abdul Ghani Alsamah: ORIGINAL Deed of Trust #2018095844 posted by Mahlia Mobarez. (Sant Agata, S) (Entered: 06/01/2018) |
Thereafter, Mr. Alsamah's case proceeded in the Central District of Illinois in Case Number 3:18-cr-30025-CRL-KLM-1. Mr. Alsamah was convicted after a jury trial on June 21, 2021. See Central District of Illinois Case No. 3:18-cr-30025-CRL-KLM at Dkt. #133. Mr. Alsamah was thereafter sentenced on September 8, 2022. See Central District of Illinois Case No. 3:18-cr-30025-CRL-KLM at Dkt. #179. Mr. Alsamah is currently in Bureau of Prisons' custody. Since no conditions of the bond remain to be satisfied, it is requested that the “[t]otal equity property bond of not less than $400,000, secured by the property owned by Mahlia Mobarez” be exonerated and reconveyed to Mahlia Mobarez. pursuant to Rule 46(g) of the Federal Rules of Criminal Procedure.
The government has no objection to this motion to exonerate the bond and reconvey the original deed of trust to the property owned and posted by Mahlia Mobarez in this matter on June 1, 2018. Accordingly, since no conditions remain to be satisfied and exoneration and reconveyance is in the interest of justice, it is requested that the Court exonerate the bond and reconvey the subject original deed of trust to Mahlia Mobarez.
ORDER
The Court finds that Abdul Alsamah has complied with the conditions of his bond and that no conditions remain to be satisfied. IT IS HEREBY ORDERED that the Clerk of the Court exonerate the property bond and reconvey the Original Deed of Trust #2018095844 that was posted by Mahlia Mobarez on June 1, 2018, to Mahlia Mobarez.
IT IS SO ORDERED.