Opinion
BENJAMIN B. WAGNER, United States Attorney, SAMUEL WONG, Assistant United States Attorney, Sacramento, CA, Attorneys for Plaintiff United States of America.
MALCOM SEGAL, ESQ., Attorney for defendant Kiedock Kim.
STIPULATION AND ORDER TRANSFERRING AND APPLYING APPEARANCE BOND TO PARTIAL RESTITUTION PAYMENT
TROY L. NUNLEY, District Judge.
Whereas, on July 9, 2010, defendant Kiedock Kim signed and filed an unsecured appearance bond in this case (see ECF No. 12) and, thereafter, on July 13, 2010, Kim deposited $100,000 into the Court's registry to secure the bond as memorialized by receipt number CAE200027864 on the Docket Report by Court Clerk's text entry dated July 13, 2010;
Whereas, pursuant to the parties' Plea Agreement, Kim agreed to pay to the United States Bureau of Land Management $107,160 in restitution prior to sentencing, and to facilitate Kim's ability to pay restitution, the United States agreed to stipulate that the Court Clerk may forthwith release to the United States Bureau of Land Management as a partial restitution payment the $100,000 that Kim posted to secure his pretrial release; and
Whereas, on February 5, 2015, Kim deposited $7,160 into the Court's registry as memorialized by receipt number CAE200064915 as partial payment of his restitution obligations under the Plea Agreement to the United States Bureau of Land Management,
It is hereby stipulated by and between the parties, through their respective counsel, that:
1. Subject to the approval of the Court and upon receipt of the Court's "Judgment In A Criminal Case" the Court Clerk shall transfer to the United States Department of Interior, Bureau of Land Management at the address below as a restitution payment the amount of $107,160. The $107,160 amount is comprised of the $100,000 that Kim posted on July 13, 2010, to secure his pretrial release and the $7,160 deposit paid on February 5, 2015. The Court Clerk shall promptly issue a $107,160 check payable to the "United States Department of Interior, Bureau of Land Management" and mail that check addressed to:
2. Kim shall remain subject to the conditions of pretrial release previously set, except that Kim may remain on pretrial release on an unsecured $100,000 bond.
ORDER
The Court having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, IT IS ORDERED that the Court adopts the stipulation of the parties in its entirety as its ORDER. Accordingly, IT IS ORDERED that:
1. Upon receipt of the Court's "Judgment In A Criminal Case" the Court Clerk shall transfer to the United States Department of Interior, Bureau of Land Management at the address below as a restitution payment the amount of $107,160. The $107,160 amount is comprised of the $100,000 that Kim posted on July 13, 2010, to secure his pretrial release and the $7,160 deposit paid on February 5, 2015. The Court Clerk shall promptly issue a $107,160 check payable to the "United States Department of Interior, Bureau of Land Management" and mail that check addressed to:
2. Kim shall remain subject to the conditions of pretrial release previously set, except that Kim may remain on pretrial release on an unsecured $100,000 bond.