Opinion
HEATHER E. WILLIAMS, Federal Defender, ERIN SNIDER, Assistant Federal Defender, Fresno, CA, Attorney for Defendant MARCOS ORNELAS GARCIA.
MATTHEW MCNEASE, Yosemite Legal Officer, Counsel for the Plaintiff.
JOINT MOTION TO MODIFY CONDITIONS OF PROBATION AND TO EXTEND TERM OF PROBATION PURSUANT TO 18 U.S.C. §§ 3563(c) AND 3564(d) AND TO CONTINUE REVIEW HEARING; ORDER
MICHAEL J. SENG, Magistrate Judge.
The parties, by through their respective counsel, Yosemite Legal Officer Matthew McNease, counsel for the plaintiff, and Assistant Federal Defender Erin Snider, counsel for defendant Marcos Ornelas Garcia, hereby jointly move to modify the conditions of Mr. Garcia's probation and to extend the term of probation pursuant to 18 U.S.C. §§ 3563(c) and 3564(d). The parties further request that the Court continue the December 1, 2015 review hearing.
On January 7, 2014, Mr. Garcia pled guilty to operating a motor vehicle while under the influence of alcohol and child endangerment pursuant to a plea agreement with the government. The Court placed Mr. Garcia on unsupervised probation for 24 months, with the conditions that he pay a $1,800 monetary penalty and complete the First Time DUI Offender Program.
Mr. Garcia completed the First Time DUI Offender Program on May 6, 2014. Between January 2014 and June 2015, Mr. Garcia made several payments toward his fine, leaving a balance of $1,265. However, Mr. Garcia lost his job and ceased making payments. Although he has returned to work, he is still catching up on his other financial obligations.
Therefore, the parties respectfully request that this Court modify the terms of Mr. Garcia's probation and convert $1,000 of the remaining fine amount to 100 hours of community service, to be performed by October 28, 2016, at a nonprofit organization with proof to be provided to the government. The parties further request that the Court extend Mr. Garcia's term of unsupervised probation for 12 months to give him time to complete the community service and continue the December 1, 2015 review hearing to December 6, 2016.
ORDER
Pursuant to 18 U.S.C. § 3563(c) and stipulation of the parties, the Court hereby modifies the conditions of MARCOS ORNELAS GARCIA's term of unsupervised probation in case 6:13-mj-00093-MJS as follows: $1,000 of the remaining fine balance shall be converted to 100 hours of community service, to be completed by October 28, 2016. Such community service shall be performed for a nonprofit organization and sworn proof of completion of the community service shall be provided by the organization to the government. Pursuant to 18 U.S.C. § 3563(d), the Court hereby extends the term of Mr. Garcia's term of unsupervised probation for an additional 12 months, to expire January 6, 2017. The review hearing currently scheduled for December 1, 2015, is continued to December 6, 2016.
IT IS SO ORDERED.