Opinion
HEATHER E. WILLIAMS, Federal Defender, NOA E. OREN, Assistant Federal Defender, Designated Counsel for Service, Sacramento, CA, Attorneys for Defendant.
BENJAMIN B. WAGNER, United States Attorney, OLUSERE OLOWOYEYE, Assistant U.S. Attorney, Attorney for Plaintiff.
STIPULATION AND [PROPOSED] ORDER FOR TEMPORARY RELEASE
ALLISON CLAIRE, Magistrate Judge.
The parties hereby stipulate and request that the Court issue an order granting Mr. Gowans's temporary release on Friday, May 22, 2015 from 9:00 a.m. to 2:00 p.m. to allow him to attend the funeral of his cousin, David Strong. Assistant United States Attorney, Olusere Olowoyeye does not oppose this request.
Mr. Gowans was quite close with his cousin. He would like to honor his memory by attending his funeral. Counsel for the defense has spoken with Mr. Gowans's father. He has asked that the Court consider the temporary release of Mr. Gowans.
This Court previously detained Mr. Gowans after initial appearance on the complaint that alleged violation of 21 U.S.C. § 922(g)(1), felon in possession. An indictment was filed in this case on November 14, 2014.
The parties stipulate and agree: that Mr. Gowans be transported to the United States Marshal's Office on the 5th Floor of the United States Courthouse the morning of May 22, 2015; that Mr. Gowans be temporarily released from the Marshal's Office to the custody of Investigators Melvin Buford and Juan Doig from the Office of the Federal Defender on May 22, 2015, from 9:00 a.m. to 2:00 p.m.; and, that the investigators limit Mr. Gowans's activity solely to traveling to the funeral services, attending the services, and then returning to the Marshal's Office by 2:00 p.m.
The funeral services will occur at Mount Cavalry Baptist Church, 1735 Enterprise Drive, Building 3, Fairfield, CA 94533, on May 22, 2015, at 11:00 a.m. Investigators Buford and Doig will escort Mr. Gowans to the cemetery and return him to the Marshal's Office. Mr. Gowans will remain in the custody of the Federal Defender investigators during the entire time of his temporary release. The investigators will provide the United States Marshal's Office with Mr. Gowans's street clothes the day of his temporary release.
Counsel for Mr. Gowans has conferred with the United States Marshal's Office, and has confirmed the Marshals will accommodate this plan so long as the Court approves of it.
ORDER
The Court, having received, read, and considered the stipulation of the parties, and good cause appearing, adopts the stipulation of the parties in its entirety as its order.
The Court hereby orders Mr. Gowans's temporary release from the United States Marshal to the custody of Investigators Melvin Buford and Juan Doig from the Office of the Federal Defender on May 22, 2015, from 9:00 a.m. to 2:00 p.m.
Mr. Gowans's activity will be limited to traveling to the funeral services described above, attending the services, and then returning to the Marshal's Office by 2:00 p.m. Mr. Gowans will remain in the custody of the Federal Defender investigators during the entire time of his temporary release.