Opinion
HEATHER E. WILLIAMS, Federal Defender, VICTOR CHAVEZ, Assistant Federal Defender, Designated Counsel for Service, Fresno, California. Counsel for Defendant. TENG LAMNGAM.
APPLICATION TO EXONERATE DEED OF TRUST WITH ASSIGNMENT OF RENT AND TO RECONVEY TITLE OF REAL PROPERTY; ORDER THERETO
GARY S. AUSTIN, Magistrate Judge.
Defendant Teng Lamngam hereby requests that this court order the exoneration of the $50,000 Deed of Trust with Assignment of Rents currently on file with the Fresno County Recorder as Document # XXXX-XXXXXXX.
On March 5, 2015 a $50,000 bond was ordered in the above-captioned matter, to be secured by the property of Bouavanh Somphoune. On March 11, 2014, a Deed of Trust with Assignment of Rents in the amount of $50,000 was filed with the Fresno County Recorder as Document # XXXX-XXXXXXX on the property of Bouavanh Somphoune. On December 10, 2014, Defendant Teng Lamngam appeared in the Northern District of Oklahoma before Chief Judge Gregory K. Frizzell, and was sentenced to 3 years probation. (See Exhibit A). Therefore, since Defendant Teng Lamngam has satisfied the conditions of release in the Eastern District of California, he requests that the Deed of Trust (Document # XXXX-XXXXXXX) now on file with the Fresno County Recorder, be exonerated and title of the real property described therein be reconveyed to Bouavanh Somphoune.
ORDER
IT IS HEREBY ORDERED that the Deed of Trust with Assignment of Rents filed on March 11, 2014 with the Fresno County Recorder as Document #XXXX-XXXXXXX be exonerated and that title to the property described therein be reconveyed to Bouavanh Somphoune.
DEFENDANT'S EXHIBIT A
THE DEFENDANT:
[x] pleaded guilty to count One of the Information
[] pleaded nolo contendere to count(s) ____________________________________________ which was accepted by the court.
[] was found guilty on count(s) ___________________________________________________ after a plea of not guilty.
The defendant is adjudicated guilty of these offenses:
The defendant is sentenced as provided in pages 2 through 5 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.
[] The defendant has been found not guilty on count(s) _____________________________
[x] The Indictment [x] is [] are dismissed on the motion of the United States.
It is ordered that the defendant must notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution, the defendant must notify the Court and United States Attorney of material changes in economic circumstances.
PROBATION
The defendant is hereby sentenced to probation for a term of: Three years.
The defendant shall not commit another federal, state or local crime.
The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of a controlled substance and submit to one drug test within 15 days of release on probation and at least two periodic drug tests within 120 days for use of a controlled substance.
[x] The above drug testing condition is suspended, based on the court's determination that the defendant poses a low risk of future substance abuse, but authority to administer drug testing for cause is retained. (Check, if applicable.)
[x] The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. (Check, if applicable.)
[x] The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable.)
[] The defendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. § 16901, et seq. ) as directed by the probation officer, the Bureau of Prison, or any state sex offender registration agency in which he or she resides, works; or is a student, or was convicted of a qualifying offense. (Check, if applicable.)
[] The defendant shall participate in an approved program for domestic violence. (Check, if applicable.)
If this judgment imposes a fine or restitution, it is a condition of probation that the defendant pay in accordance with the Schedule of Payments sheet of this judgment.
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attached page.
STANDARD CONDITIONS OF PROBATION
1. The defendant shall not leave the judicial district or other specified geographic area without the permission of the court or probation officer.
2. The defendant shall report to the probation officer as directed by the court or probation officer and shall submit a truthful and complete written report within the first five days of each month.
3. The defendant shall answer truthfully all inquires by the probation officer and follow the instructions of the probation officer.
4. The defendant shall support the defendant's dependents and meet other family responsibilities (including, but not limited to, complying with the terms of any court order or administrative process pursuant to the law of a state, the District of Columbia, or any other possession or territory of the United States requiring payments by the defendant for the support and maintenance of any child or of a child and the parent with whom the child is living).
5. The defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons.
6. The defendant shall notify the probation officer at least ten days prior to any change of residence or employment.
7. The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use distribute, or administer any controlled substance, or any paraphernalia related to any controlled substance, except as prescribed by a physician.
8. The defendant shall not frequent places where controlled substances are illegally sold, used distributed, or administered, or other places specified by the court.
9. The defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer.
10. The defendant shall permit a probation officer to visit the defendant at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view by the probation officer.
11. The defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer.
12. The defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court.
13. As directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics, and shall permit the probation officer to make such notifications and to confirm the defendant's compliance with such notification requirement (any objection to such notification shall be decided by the district court).
14. The defendant shall pay the special assessment imposed or adhere to a court-ordered installment schedule for the payment of the special assessment.
15. The defendant shall notify the probation officer of any material change in the defendant's economic circumstances that might affect the defendant's ability to pay any unpaid amount of restitution, fines; or special assessments.
SPECIAL CONDITIONS OF PROBATION
1. The defendant shall abide by the "Special Financial Conditions" previously adopted by the Court as follows:
a. The defendant shall maintain a checking account in the defendant's name and deposit into this account all income, monetary gains or other pecuniary proceeds, and make use of this account for payment of all personal expenses. All other bank accounts must be disclosed to the probation officer.
b. The defendant shall not make application for any loan or enter into any credit arrangement, without first consulting with the probation officer.
c. The defendant shall disclose all assets and liabilities to the probation officer. The defendant shall not transfer, sell, give-away, of otherwise convey any asset, without first consulting with the probation officer.
d. If the defendant owns or maintains interest in any profit or nonprofit entity, you shall, upon request, surrender and/or make available for review, any and all documents and records of said profit or nonprofit entity, to the probation officer.
e. The defendant shall, upon request of the probation officer, complete a personal financial affidavit and authorize release of any and all financial information, to include income and tax return records, by execution of a Release of Financial Information form, or by any other appropriate means.
2. The defendant shall submit his person, residence, office or vehicle to a search, conducted by the United States Probation Officer at a reasonable time and in a reasonable manner, based upon reasonable suspicion of contraband or evidence of a violation of a condition of release; failure to submit to a search may be grounds for revocation; the defendant shall warn any other residents that the premises may be subject to searches pursuant to this condition.
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
Assessment Fine Restitution TOTALS $ 100 $750 $ N/A
[] The determination of restitution is deferred until _________. An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination.
[] The defendant must make restitution (including community restitution) to the following payees in the amount listed. below.
If the defendant makes a partial payment, each payee shall receive an approximately proportioned payments; unless specified otherwise in the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all nonfederal victims must be paid before the United States is paid.
Name of Payee Total Loss* Restitution Ordered Priority or Percentage TOTALS $_________________________ 0 $________________________ 0
[] Restitution amount ordered pursuant to plea agreement $ _________________
[] The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 6 may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).
[x] The court determined that the defendant does not have the ability to pay interest and it is ordered that.
* Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or after September 13, 1994, but before April 23, 1996.
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties are due as follows:
A [] Lump sum payment of $__________________ due immediately, balance due
[] not later than _________________, or
[] in accordance with [] C, [] D, [] E, or [] F below; or
B [] Payment to begin immediately (may be combined with [] C, [] D, or [] F below); or
C [] Payment in equal _________ (e.g., weekly, monthly, quarterly) installments of $ ________ over a period of _________ (e.g., months or years), to commence ___________ (e.g., 30 or 60 days) after the date of this judgment; or
D [] Payment in equal _________ (e.g., weekly, monthly, quarterly) installments of $ _________ over a period of _________ (e.g., months or years), to commence ___________ (e.g., 30 or 60 days) after release from imprisonment to a term of supervision; or
E [] Payment during the term of supervised release will commence within ___________ (e.g., 30 or 60 days) after release from imprisonment. The court will set the payment plan based on an assessment of the defendant's ability to pay at that time; or
F [x] Special instructions regarding the payment of criminal monetary penalties:
Any monetary penalty is due in full immediately, but payable on a schedule to commence no later than 60 days following imposition of sentence in equal monthly payments of $50 or 10% of net income (take home pay), whichever is greater, over the duration of the term of probation and thereafter as prescribed by law for as long as some dept remains. Notwithstanding establishment of a payment schedule, nothing shall prohibit the United States from executing or upon property of the defendant discovered before or after the date of this judgment.
Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to the clerk of the court.
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
[] Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount, and corresponding payee, if appropriate.
[] The defendant shall pay the cost of prosecution.
[] The defendant shall pay the following court cost(s):
[] The defendant shall forfeit the defendant's interest in the following property to the United States:
Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) fine interest, (6) community restitution; (7) penalties, and (8) costs, including cost of prosecution and court costs.