Opinion
Case No.: 2:11-cr-00431-PMP -RJJ
11-09-2012
UNITED STATES OF AMERICA, Plaintiff, v. ROLANDO PASCUAL, Defendant.
RENE L. VALLADARES Federal Public Defender Nevada State Bar # 11479 WILLIAM CARRICO Assistant Federal Public Defender Nevada State Bar # 003042 Attorney for Rolando Pascual
RENE L. VALLADARES
Federal Public Defender
Nevada State Bar # 11479
WILLIAM CARRICO
Assistant Federal Public Defender
Nevada State Bar # 003042
Attorney for Rolando Pascual
EMERGENCY MOTION FOR ORDER
DIRECTING PAYMENT OF
TRANSPORTATION EXPENSES
Rolando Pascual, the Defendant named above, through counsel, William Carrico, Assistant Federal Public Defender, moves this Honorable Court for its order directing the United States Marshal to pay subsistence and travel expenses for airfare necessary for the defendant to travel from his home in Darien, Illinois to Las Vegas, Nevada, on Tuesday, November 13, 2012 before 2pm. This Court has requested that Mr. Pascual appear in court in the above-entitled matter for the purpose of a Change of Plea hearing. It will be necessary for Mr. Pascual to present himself at the Office of Pretrial Services on Tuesday, November 13, 2012 as further ordered by this Court.
Court appearances are currently scheduled for Tuesday, November 13, 2012 at the hour of 4:00 p.m., PST. at the District of Nevada at the Federal Courthouse, 333 Las Vegas Blvd., South, Las Vegas, Nevada.
By: _________________
WILLIAM CARRICO
Assistant Federal Public Defender
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE
MOTION FOR ORDER DIRECTING PAYMENT OF TRANSPORTATION EXPENSES
Title 18 U.S.C. §4285 provides that any United States judge may direct the United States Marshal to arrange for the payment of the subsistence and travel expenses of a defendant who has been released on bail and who is obligated to make a subsequent appearance in any United States court when the interests of justice would be served thereby and the judge or magistrate is satisfied that the defendant is financially unable to provide the necessary transportation to appear in Court.
Defendant is currently residing in Darien, Illinois. Mr. Pascual is indigent as indicated in his financial affidavit on file in this case. He is unable to pay the entire cost of transportation to and from Las Vegas, Nevada. Mr. Pascual will not require per diem funds for lodging as he maintains a residence in the Las Vegas area. This hearing is set for a time when he finds himself with family in Chicago, but without funds to travel back and forth.
Because of his lack of funds, the defendant will be unable to travel from his home, to Las Vegas, Nevada, unless this Court directs the United States Marshal to pay his necessary travel and subsistence expenses.
Respectfully submitted,
RENE L. VALLADARES,
Federal Public Defender
By: _________________
WILLIAM CARRICO,
Assistant Federal Public Defender
Counsel for Roland Pascual
UNITED STATES OF AMERICA, Plaintiff,
vs.
ROLANDO PASCUAL, Defendant.
Case No.: 2:11-cr-00431-PMP -RJJ
ORDER DIRECTING PAYMENT OF
TRANSPORTATION EXPENSES
On the motion of defendant Rolando Pascual, made pursuant to 18 U.S.C. §4285, and good cause appearing therefor,
IT IS HEREBY ORDERED that the United States Marshal shall arrange for the defendant's non-custodial transportation, or furnish the fare for such transportation, to Las Vegas, Nevada, from Darien, Illinois, on or before Tuesday, November 13, 2012, for the purpose of making a court appearance before this Court in the above entitled case. Mr. Rolando Pascual is scheduled to appear in Court on Tuesday, November 13, 2012 at the hour of 4:00 p.m. Additionally, the United States Marshal will make the reservations for defendant's return flight and the defendant will pay the cost of the flight to the United States Marshal's office directly, prior to departing from Las Vegas, Nevada. The reimbursement shall be made in the form of cash, United States Money Order, or cashier's check.
_________________
UNITED STATES DISTRICT COURT JUDGE