Opinion
MELINDA HAAG, United States Attorney, MIRANDA KANE, Chief, Criminal Division, THOMAS E. STEVENS, Assistant United States Attorney, Oakland, California, Attorney for the United States.
Timothy P. Crudo, Counsel to Tiffany Conley.
STIPULATION AND [PROPOSED] ORDER AMENDING JUDGMENT RE: SUPERVISED RELEASE VIOLATION
EDWARD M. CHEN, District Judge.
WHEREAS, on June 15, 2012, in a separate case entitled United States v. Conley, CR-12-0459 EMC, the defendant was arrested and taken into custody before being released later that day;
WHEREAS, on January 16, 2013, the defendant admitted to a violation of one of her supervised release conditions in the above-captioned case (Cr-11-0713 Emc), namely, the condition that she not commit another crime;
WHEREAS, on April 24, 2013, the Court entered judgment on the supervised release violation, and in the separate case, United States v. Conley, CR-12-0459 EMC, both sentences to run concurrently;
WHEREAS, the judgment associated with the supervised release violation stated that the defendant was sentenced to 4 years' probation with certain conditions, concurrent with the judgment in CR-12-0459 EMC;
WHEREAS, that judgment appears to reflect a clerical error, inconsistent with 18 U.S.C. § 3621(b);
WHEREAS, the parties, and the Probation Office, stipulate and agree that, with the consent of the Court, the judgment for the supervised release violation should be amended to reflect the following sentence:
1. Supervised release is revoked;
2. The defendant is sentenced to time served, concurrent with the time served in United States v. Conley, CR-12-0459 EMC;
3. Defendant is placed upon a new term of supervised release in the above-captioned case, Cr-11-0713 Emc, to run concurrently with the term of supervised release in United States v. Conley, CR-12-0459 EMC, all terms and conditions to be the same in each case. 18 U.S.C. §§ 3583(h), 3624(e).
SO STIPULATED.
[PROPOSED] ORDER
Based upon the above stipulation, the Court hereby orders that the judgment in the above-captioned case be amended as set forth above.
IT IS SO ORDERED.