Opinion
1:22-cr-00031-ADA-BAM
04-19-2023
UNITED STATES OF AMERICA, Plaintiff, v. BRIGIT MARIE BISSELL, Defendant.
Respectfully submitted, HEATHER E. WILLIAMS Federal Defender ERIN SNIDER Assistant Federal Defender Attorney for Defendant
Respectfully submitted,
HEATHER E. WILLIAMS
Federal Defender
ERIN SNIDER
Assistant Federal Defender
Attorney for Defendant
MOTION FOR TRAVEL ASSISTANCE; ORDER
Brigit Marie Bissell, through her undersigned counsel, hereby moves this Court for an order directing the United States Marshal to furnish Ms. Bissell with the cost of travel from Mt. Vernon, Washington, to Fresno, California, so that she may attend court in Fresno on May 1, 2023, at 8:30 a.m.
Pursuant to 18 U.S.C. § 4285, a judge may direct the United States Marshal to assist an out-of-custody defendant with the cost of traveling to a required court appearance. See 18 U.S.C. § 4285. Prior to making such an order, the judge must first make a finding that the defendant is financially unable to provide transportation on their own and that the interests of justice would be served by requiring the United States Marshal to assist with transportation costs. Id. If the judge makes the required findings, the United States Marshal must either arrange for the defendant's transportation or furnish the cost of transportation and, additionally, furnish the defendant with subsistence expenses incurred in traveling to the court appearance. Id.
In this case, Ms. Bissell, who is out of custody, has a sentencing hearing in Fresno on May 1, 2023, at 8:30 a.m. Ms. Bissell lives in Mt. Vernon, Washington. See Presentence Investigation Report (“PSR”) ¶ 52. She was previously employed as a housecleaner, earning approximately $1,400 per month. See id. ¶ 71. On March 21, 2023, Ms. Bissell resigned from her position, as her employer significantly reduced her work hours and refused to pay Ms. Bissell for work already performed. Accordingly, Ms. Bissell is currently unemployed and, other than food assistance she receives from the State of Washington, she has no monthly cash inflow. She has two children from a prior relationship and is nearly seven months pregnant with a third child she shares with her current partner, Joseph Hill. See id. ¶ 53, 55. Mr. Hill is currently supporting Ms. Bissell and her children. Her only assets are the two vehicles noted in the PSR. See id. ¶ 79.
In light of these circumstances, Ms. Bissell requests that the Court make the required findings under 18 U.S.C. § 4285 and direct the United States Marshal to pay her travel expenses so she may attend her court appearance on May 1, 2023.
Pursuant to 18 U.S.C. § 4285, the Court directs the United States Marshal to either arrange transportation or furnish Brigit Marie Bissell with the cost of travel from Mt. Vernon, Washington, to Fresno, California, so that she may attend court in Fresno on May 1, 2023, at 8:30 a.m. Additionally, the United States Marshal shall provide Ms. Bissell with subsistence expenses for this travel period not to exceed the amount authorized as per diem allowance for travel under 5 U.S.C. § 5702(a). The United States Marshal is not required to arrange transportation or furnish Brigit Marie Bissell with the cost of travel from Fresno, California, to Mt. Vernon, Washington, following her sentencing on May 1, 2023.
IT IS SO ORDERED.