Opinion
CASE NO. 1:09-mj-00307-SMS-I
08-10-2011
UNITED STATES OF AMERICA Plaintiff, v. ROBERT DAVID MEDINA , Defendant,
Mario DiSalvo, Attorney for Defendant ROBERT DAVID MEDINA
Mario DiSalvo, Esq. SBN 199113
Attorney at Law
Attorney for ROBERT DAVID MEDINA
DEFENDANT ROBERT MEDINA'S
MOTION FOR AN ORDER
RECONVEYING PROPERTY POSTED
AS BOND FOR PRETRIAL RELEASE,
AND ORDER
HONORABLE SANDRA M. SNYDER
TO: HONORABLE SANDRA M. SNYDER:
COMES NOW ROBERT DAVID MEDINA , by and through his attorney of record, Mario DiSalvo, and hereby respectfully requests this Honorable Court, for an order of reconveyance of the property previously posted in this case as a bond in order to secure defendant's pretrial release. Specifically, the property located in this District (Deed #2009-0165251), document number 6 in the above-entitled action.
Final judgment having been entered in this case and defendant having been sentenced, this matter is now concluded. Furthermore, Defendant has since been remanded to the Board of Prison Terms and is currently serving his prison term. See Attachment "A" Judgment and Commitment.
Therefore, Defendant respectfully request that this Court enter an order directing the reconveyance of the property previously posted in this case.
Mario DiSalvo,
Attorney for Defendant
ROBERT DAVID MEDINA
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA Plaintiff,
vs.
ROBERT DAVID MEDINA , Defendant,
CASE NO. 1:09-mj-00307-SMS-l
ORDER
RECONVEYING PROPERTY
IT IS HEREBY ORDERD: That the Clerk of the California Eastern District Court, as Trustee under DEED OF TRUST (Deed #2009-0165251) (document 6 in this action) made by YVONNE MEDINA, Trustor, and recorded in the Office of the County Recorder for the County of Fresno, State of California: (legal description):
A CONDOMINIUM COMPOSED OF:
PARCEL I:
UNIT NO. 132R, LOT 1, TRACT NO. 3172, PHASE 1, WHICH PLAN WAS FILED FOR RECORD ON APRIL I, 1980, IN VOLUME 36 OF PLATS AT PAGES 14 THROUGH 19, INCLUSIVE, IN THE OFFICE OF THE RECORDER IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA.
PARCEL 2:
AN UNDIVIDED INTEREST IN THE COMMON AREA AND APPURTENANT EASEMENTS.
Having received from holder of the obligations thereuner a written request to reconvey, reciting that all sums secured by the Deed of Trust have been fully paid, all obligations thereunder have been completely satisfied and said Deed of Trust and the note or notes secured thereby having been surrendered to said Trustee for cancellation, does hereby RECONVEY without warranty, to the person or persons legally entitled thereto, the estate now held by it thereunder.
IT IS SO ORDERED.
Sandra M. Shyder
U.S. Magistrate Judge
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF Oklahoma
UNITED STATES OF AMERICA
V.
ROBERT DAVID MEDINA
a/k/a Pepe
JUDGMENT IN A CRIMINAL CASE
Case Number: CR-09-00095-001 -RAW
USM Number: 64795-097
Mario DiSalvo and Yan Shrayberman
Defendant's A Homey
THE DEFENDANT:
[√] pleaded guilty to count(s) I of the Indictment
[] pleaded nolo contendere to count(s) _____ which was accepted by the court.
[] was found guilty on count(s) _____ after a plea of not guilty.
The defendant is adjudicated guilty of these offenses:
+-----------------------------------------------------------------------------+ ¦ Title & Section ¦ Nature of Offense ¦ Offense Ended ¦ Count ¦ +-----------------+-----------------------------------+---------------+-------¦ ¦ ¦Conspiracy to Possess with Intent ¦ ¦ ¦ ¦21:846 ¦to Distribute and Distribution ¦February 24, ¦1 ¦ ¦ ¦ ¦2009 ¦ ¦ ¦ ¦of Controlled Substance ¦ ¦ ¦ +-----------------------------------------------------------------------------+
The defendant is sentenced as provided in pages 2 through 6 of this judgment. The sentence is imposed pursuant to Title 18, Section 3553(a) of the United States Criminal Code.
[] The defendant has been found not guilty on count(s) __________
[] Count(s) _____ [] is [] arc dismissed on the motion of the United Slates.
It is ordered that the defendant must notify the United States attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution, the defendant must notifythe court and United States attorney of material changes in economic circumstances.
February 10. 2011
Dale of Imposition of Judgment
Ronald A. White
United States District Judge
Eastern District of Oklahoma
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of: 121 months on Count I of the Indictment
[√] The court makes the following recommendations to the Bureau of Prisons:
Thai the Bureau of Prisons evaluate the defendant and determine if the defendant is a suitable candidate for the Intensive Drug Treatment Program. Should the defendant be allowed to participate in the program, it is further recommended that the defendant be afforded the benefits prescribed and set out in 18 U.STC. § 3621(e) and according to Bureau of Prisons' policy.
That the Bureau of Prisons allow the defendant to participate in the Career Starter Program or a similar vocational training program during his term of incarceration.
That the defendant be placed in the Bureau of Prisons facility in Lompoc or Atwater, CA to facilitate family contact.
The Court shall be informed in writing as soon as possible if the Bureau of Prisons is unable to follow the Court's recommendations, along with the reasons for not following such recommendations made by the Court.
[√] The defendant is remanded to the custody of the United States Marshal.
[] The defendant shall surrender to the United States Marshal for this district:
[] at ______________ [] a.m. [] p.m. on ____________ .
[] as notified by the United States Marshal.
[] The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
[] before 12:00 Noon on ____________ .
[] as notified by the United States Marshal.
[] as notified by the Probation or Pretrial Services Office.
RETURN
I have executed this judgment as follows:
Defendant delivered on to _____________ at _____________ , with a certified copy of this judgment.
_____________
UNITED STATES MARSHAL
By _____________
Deputy U.S. Marshal
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of: 60 months on Count I of the Indictment
The defendant shall report to the probation office in the district to which the defendant is released within 72 hours of release from the custody of the Bureau of Prisons.
The defendant shall not commit another federal, state or local crime.
For offenses committed on or after September 13, 1994:
The defendant shall not illegally possess a controlled substance. The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter as determined by the court. Testing requirements will not exceed submission of more than 4 drug tests per month during the term of supervision, unless otherwise ordered by court.
[] The above drug testing condition is suspended, based on the court's determination that the defendant poses a low risk of future substance abuse. (Check, if applicable.)
[×] The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon.
[×] The defendant shall cooperate in the collection of a DNA sample from the defendant, pursuant to section 3 of the DNA Analysis Backing Elimination Act of 2000, pursuant to 18 USC sections 3563(a)(7) and 3583(d).
[] he defendant shall register with the state sex offender registration agency in the state where the defendant resides, works, or is a student, as directed by the probation officer. (Check, if applicable.)
[] The defendant shall participate in an approved program for domestic violence. (Check, if applicable.)
If this judgment imposes a fine or restitution obligation, it is a condition of supervised release that the defendant pay any such fine or restitution that remains unpaid at the commencement of the term of supervised release in accordance with the Schedule of Payments set forth in this judgment.
The defendant must comply with the standard conditions that have been adopted by this court. The defendant shall also comply with any special conditions imposed.
STANDARD CONDITIONS OF SUPERVISION
1) the defendant shall not leave the judicial district without the permission of the court or probation officer;
2) the defendant shall report to the probation officer and shall submit a truthful and complete written report within the first five days of each month;
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;
4) the defendant shall support his or her dependents and meet other family responsibilities;
5) the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable reasons;
6) the defendant shall notify the probation officer at least ten days prior to any change in residence or employment;
7) the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician;
8) the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;
9) the defendant shall not associate with any persons engaged in criminal activity and shall not associate with any person convicted of a felony, unless granted permission to do so by the probation officer;
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view of the probation officer;
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer;
12) the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court; and
13) as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics and shall permit the probation officer to make such notifications and to confirm the defendant's compliance with such notification requirement.
SPECIAL CONDITIONS OF SUPERVISION
I. The defendant shall participate in a program approved by the United States Probation Office for the treatment of narcotic addiction, drug dependency, or alcohol dependency, which will include testing to determine if he has reverted to the use of drugs or alcohol. If it is determined by the Probation Officer that the defendant is in need of a residential drug/alcohol treatment program, he shall participate in such treatment as directed by the Probation Officer and remain in the treatment facility until successfully discharged.
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
+------------------------------------------+ ¦ ¦ Assessment ¦ Fine ¦ Restitution ¦ +--------+------------+------+-------------¦ ¦TOTALS ¦$ 100.00 ¦$ 0.00¦$ 0.00 ¦ +------------------------------------------+
[] The determination of restitution is deferred until ________ . An Amended Judgment in a Criminal Case (AO 245C)will be entered after such determination.
[] The defendant must make restitution (including community restitution) to the following payees in the amount listed below.
If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless specified otherwise in the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all nonfederal victims must be paid before the United States is paid.
+----------------------------------------------------------------------------+ ¦ Name of Payee ¦ Total Loss ¦ Restitution Ordered ¦ Priority or Percentage ¦ +---------------+-------------+---------------------+------------------------¦ ¦TOTALS ¦$ 0 ¦$ 0 ¦ ¦ +----------------------------------------------------------------------------+
Findings for the total amount of losses are required under Charters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or after September 13, 1994, but before April 23, 1996.
[] Restitution amount ordered pursuant to plea agreement $ ________
[] The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f)- All of the payment options on Sheet 6 may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).
[] The court determined that the defendant does not have the ability to pay interest and it is ordered that:
[] the interest requirement is waived for the [] fine [] restitution.
[] the interest requirement for the [] fine [] restitution is modified as follows:
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties are due as follows:
A [] Lump sum payment of $ _____ due immediately, balance due
[ ] not later than __________ , orB [√] Payment to begin immediately (may be combined with [ ] C, [ ] D, or [√] F below); or
[] in accordance with [ ] C, [ ] D, [ ] E, or [] F below; or
C [ ] Payment in equal_ __________ (e.g., weekly, monthly, quarterly) installments of $ _____________ over a period of _____________ (e.g., months or years), to commence _____________ (e.g., 30 or 60 days) after the date of this judgment; or
D [ ] Payment in equal _____________ (e.g., weekly, monthly, quarterly) installments of $ _____________ over a period of _____________ (e.g., months or years), to commence __________ (e.g., 30 or 60 days) after release from imprisonment to a term of supervision; or
E [ ] Payment during the term of supervised release will commence within _____________ (e.g., 30 or 60 days) after release from imprisonment. The court will set the payment plan based on an assessment of the defendant's ability to pay at that time; or
F [√] Special instructions regarding the payment of criminal monetary penalties:
Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to the clerk of the court.
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
[ ] Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount, and corresponding payee, if appropriate:
[ ] The defendant shall pay the cost of prosecution.
[ ] The defendant shall pay the following court cost(s):
[ ] The defendant shall forfeit the defendant's interest in the following property to the United States:
Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) fine interest, (6) community restitution, (7) penalties, and (8) costs, including cost of prosecution and court costs.