Opinion
CLYDE M. BLACKMON, ROTHSCHILD WISHEK & SANDS LLP, Sacramento, CA, Attorneys for Defendant, KIMBERLY JONES.
APPLICATION PURSUANT TO 18 U.S.C. § 4285 FOR FUNDS TO PAY FOR TRANSPORTATION TO ATTEND COURT PROCEEDINGS; DECLARATION IN SUPPORT THEREOF AND ORDER
TROY L. NUNLEY, District Judge.
Kimberly Jones, through her appointed counsel Clyde M. Blackmon, requests the Court to issue an order to the United States Marshal to provide Ms. Jones with air fare for travel from Wichita, Kansas to Sacramento, California, and return, for the purpose of attending court on October 1, 2015. Ms. Jones application is made pursuant to 18 U.S.C. § 4285 and is based on the attached declaration of Clyde M. Blackmon.
Section 4285 permits the Court, in the interests of justice and upon a proper showing, to direct the Marshal to provide the transportation fare necessary for an indigent defendant to attend court proceedings.
Ms. Jones is charged with five counts of wire fraud in violation of 18 U.S.C. § 1343. A status conference in her case is set for October 1, 2015. Pursuant to negotiations with the government Ms. Jones will plead guilty at that court appearance to one of the counts alleged against her.
She lives in Wichita, Kansas, and is indigent. While she is employed, she makes only $10.25 per hour working as a customer service representative in a telephone call center. Her take home pay is approximately $1, 273 per month. She has expenses of approximately $1, 140.00 per month. She has no savings.
Ms. Jones's financial condition is such that she cannot afford the air fare necessary for her to travel to Sacramento to attend court on October 1. It is necessary that Ms. Jones be in Sacramento the day before the court appearance to meet with her counsel in preparation for the change of plea proceedings. Therefore, she requests the Court to issue an order directing the United States Marshal to provide her with funds to purchase airline tickets for a round trip flight from Wichita to Sacramento, leaving Wichita on September 29, 2015, and returning on October 1, 2015.
DECLARATION OF CLYDE M. BLACKMON IN SUPPORT OF APPLICATION FOR FUNDS TO PAY FOR TRANSPORTATION TO ATTEND COURT PROCEEDINGS
I, Clyde M. Blackmon, declare:
1. I am an attorney licensed to practice in California, and I am admitted to practice before this Court. I am appointed counsel for Kimberly Jones.
2. Ms. Jones is charged with five counts of wire fraud in violation of 18 U.S.C. § 1343. Her case is set for a status conference on October 1, 2015. Pursuant to plea negotiations with Assistant U.S. Attorney Michael Beckwith, the prosecutor on the case, Ms. Jones will plead guilty to one count of wire fraud when she appears before the Court on that date. Prior to the court appearance it is necessary that I meet with her to go over the plea agreement and make sure she understands all of its provisions.
3. Ms. Jones lives in Wichita, Kansas and works as a service representative at a telephone call center. She makes only $10.25 per hour. She has provided me with her payroll information covering the period from May 25, 2015 through July 19, 2015. Her pay stubs for that period are attached. They indicate that her income averages $1, 272.31 per month. Ms. Jones informs me that she has monthly living expenses of approximately $1, 140.00: clothing $100.00, rent $300.00, food $200.00, insurance $40.00, utilities $100.00, credit card debt $200.00 and repayment of payday loan $200.00. She has no savings. Therefore, she is unable to pay the air fare necessary for her to travel to Sacramento for her court appearance and return to Wichita afterward. For that reason, I am requesting the court to direct the United States Marshal to provide Ms. Jones with the funds to pay for her travel from Wichita to Sacramento on September 29, 2015, and to return to Wichita on October 1, 2015.
Executed at Sacramento, California this 28th day of August, 2015.
I declare under penalty of perjury that the foregoing is true and correct.
ORDER
It appearing that Kimberly Jones is indigent and cannot pay for transportation from Wichita, Kansas to Sacramento, California to attend court on October 1, 2015, the United States Marshal for the Eastern District of California is directed to provide the funds to Ms. Jones which would enable her to pay air fare for a flight from Wichita to Sacramento on September 29, 2015, and return to Wichita on October 1, 2015.
IT IS SO ORDERED.