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United States v. Hernandez

United States District Court, Eastern District of California
Oct 3, 2022
1:07-CR-00079-N0NE-SK0 (E.D. Cal. Oct. 3, 2022)

Opinion

1:07-CR-00079-NE-SKO 1:21-CR-00251-DAD-BAM

10-03-2022

UNITED STATES OF AMERICA, Plaintiff, v. JOSEPH ANTHONY HERNANDEZ, JR., Aka JOSEPH ANTHONY SANCHEZ, Defendant.

PHILLIP A. TALBERT United States Attorney LAUREL J. MONTOYA Assistant United States Attorney Robert E. Coyle Federal Courthouse Attorneys for Plaintiff United States of America


PHILLIP A. TALBERT

United States Attorney

LAUREL J. MONTOYA

Assistant United States Attorney

Robert E. Coyle Federal Courthouse

Attorneys for Plaintiff

United States of America

[PROPOSED] ORDER ALLOWING DEFENDANT'S APPEARANCE ON STATE OF CALIFORNIA WRIT FOR HABEAS CORPUS AD PROSEQUENDUM

THE HONORABLE ERICA P. GROSJEAN, MAGISTRATE JUDGE

On September 21, 2022, the Honorable Jon N. Kapetan, a Superior Court Judge for the State of California, County of Fresno, requested that the body of the above-named defendant be produced in Fresno County Superior Court for further proceedings in the case of People v. Joseph Anthony Sanchez, F22908003. A copy of the Order signed by Hon. Jon N. Kapetan is attached hereto. The defendant's appearance before the state court judge is necessary on October 10, 2022 at 9:00 a.m. for an arraignment hearing. The defendant is currently in the custody of the United States Marshal, charged in the aboveentitled action, housed at the Fresno County Jail. His next appearance before the United States District Court is scheduled for October 18, 2022 at 2:00 p.m. for a status conference. It appearing that the defendant needs to be present for a hearing in the state actions, and that the next court appearance in the above-entitled case will be on October 18, 2022:

IT IS HEREBY ORDERED that deputies of the Fresno County Sheriff's Office or their designee may produce the defendant in Fresno County Superior court on October 10, 2022, for purposes of his presence at the arraignment hearing, but shall return him to the custody of the United States Marshal Service in the physical custody of Fresno County Jail immediately after the proceeding has concluded on October 10, 2020. The Court further orders that the Fresno County Sheriff's Office or their designated agents may produce the defendant for future state court proceedings with his return immediately thereafter to the U.S. Marshal Service, if the Fresno County Sheriff's Office confirms with an Assistant U.S. Attorney that no state court appearance conflicts with any federal court appearance. Under no circumstances is the named defendant to be released from the physical custody of the Fresno County Jail other than for the court appearances that are the subject of this Order, or scheduled Federal Court Appearances, or upon further order from this court.

IT IS SO FOUND AND ORDERED

The Fresno County District Attorney has filed a Criminal Complaint alleging one felony count of Penal Code section 290.0' 2(a), one felony count of Penal Code section 290.015(a), as well as one “strike” prior under Fenal Code section 667(b)-(i) and 1170.12(a)-(d). At this time, the People are informed and believe that the defendant, Joseph Anthony Sanchez, is in i the custody and control of the United States Marshall, Eastern District of California.

A hearing on the state allege tion was most recently held on October 13, 2021, in Department 30 of the Superior Court, before the Honorable Judge Kapetan. The defendant, Joseph Anthony Sanchez, did not cippear in court. The defendant currently is scheduled for an arraignment hearing on the alleged charges on October >o, 2022, at 9:00 a.m. in Department 33 of the Fresno County Superior Court. The personal presence in court of defendant Joseph Anthony Sanchez is necessary for:urther proceedings on the alleged violations.

Good cause appearing:

IT IS HEREBY ORDERED that deputies of the Fresno County Sheriffs Department shall produce the Defendant in Fresno County Superior Court, Department 33, on October, 2022, 9:00 am, for purposes of his presence at the arraignment hearing, but shall return him to the custody of the United States Ma-shall, in the physical control of Fresno County Jail, immediately after the proceeding has concluded on October 10, 2022.

THE COURT FURTHER ORDERS that the Fresno County Sheriff's Department shall produce the defendant for future Fre sno County Superior Court proceedings with his return immediately thereafter to the Fresno County Jail and the United States Marshall's Office once the Fresno County Sheriff's Department confirms with the United States Attorney's Office, Easter District of California, that no ederal court appearance conflicts with a Superior Court appearance. Under no circumstances is the defendant to be released from the physical custody of the Fresno County Jail other than for the court appearances that are the subject of this Order, or upon further order from this court.


Summaries of

United States v. Hernandez

United States District Court, Eastern District of California
Oct 3, 2022
1:07-CR-00079-N0NE-SK0 (E.D. Cal. Oct. 3, 2022)
Case details for

United States v. Hernandez

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. JOSEPH ANTHONY HERNANDEZ, JR., Aka…

Court:United States District Court, Eastern District of California

Date published: Oct 3, 2022

Citations

1:07-CR-00079-N0NE-SK0 (E.D. Cal. Oct. 3, 2022)