Opinion
LAW OFFICES OF JOHNNY L. GRIFFIN III, JOHNNY L. GRIFFIN III Sacramento, California, Attorney for Defendant BENJAMIN CUNHA.
STIPULATION AND ORDER TO MODIFY CONDITION OF PRETRIAL RELEASE TO ALLOW DEFENDANT TO BE AWAY FROM HIS RESIDENCE TO ATTEND GRANDFATHER'S 90th BIRTHDAY DINNER
KENDALL J. NEWMAN, Magistrate Judge.
Plaintiff United States of America, by and through its counsel of record, and Defendant, by and through his counsel of record, hereby stipulate and agree as follows:
1. Defendant is out of custody on home detention and being monitored by Pretrial Services.
2. On October 6, 2015, defendant entered a guilty plea to Count One of the indictment.
3. Judgment and Sentencing is currently scheduled for January 12, 2016.
4. Defendant was allowed to remain out of custody pending the January 12, 2016 sentencing date on the same terms and conditions as previously set during his initial detention hearing.
5. Pursuant to those conditions, defendant is restricted to his residence at all times except for employment, education, religious services, medical, substance abuse, or mental health treatment, attorney visits, court appearances, court-ordered obligations, or other activities pre-approved by the pretrial services officer.
6. Defendant's paternal grandfather, Frank Cunha, will be celebrating his 90th birthday on October 22, 2015 at 7:00 p.m., at the Western Village Steak House, 815 Nichols Blvd., Sparks, Nevada 89434.
7. Defendant and his family anticipate approximately 9-10 guest to attend the dinner.
8. U.S. Pretrial Services Officer Renee Basurto has confirmed the above birthday celebration, location and date.
9. Defendant requests permission to be away from his residence on October 22, 2015. Specifically, Defendant will be away from his residence on October 22, 2015 from 7:00 a.m. to 11:59 p.m.
10. Defendant's parents/third party custodians will be with him at the birthday celebration and have agreed to report any known violations to Pretrial Services.
11. Accordingly, the parties agree and stipulate to modify defendant's home detention to allow him to attend the birthday celebration, wherein he can be leave his home on October 22, 2015 at 7:00 a.m. and return no later than 11:59 p.m. on October 22, 2015.
IT IS SO STIPULATED.
IT IS SO ORDERED.