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United States v. White

United States District Court, Ninth Circuit, California, E.D. California
Mar 23, 2015
1:13-cr-00359-SAB (E.D. Cal. Mar. 23, 2015)

Opinion

          HEATHER E. WILLIAMS, Federal Defender, ERIN SNIDER, Assistant Federal Defender, Designated Counsel for Service, Fresno, CA, Attorney for Defendant.

          CLIFFORD J. WHITE, BENJAMIN B. WAGNER, United States Attorney, BAYLEIGH J. PETTIGREW, Special Assistant United States Attorney, Attorney for Plaintiff


          JOINT MOTION TO MODIFY CONDITIONS OF PROBATION PURSUANT TO 18 U.S.C. § 3563(c) and ORDER

          STANLEY A. BOONE, Magistrate Judge.

         The parties, through their respective counsel, Special Assistant United States Attorney Bayleigh J. Pettigrew, counsel for the plaintiff, and Assistant Federal Defender Erin Snider, counsel for Defendant Clifford J. White, hereby move pursuant to 18 U.S.C. § 3563(c) to modify the terms of Mr. White's unsupervised probation.

         On October 24, 2013, Mr. White pled guilty to theft of public money, a violation of 18 U.S.C. § 641. That same date, the Court sentenced Mr. White to serve one year of unsupervised probation. As special conditions of his probation, the Court ordered:

The defendant shall pay a penalty assessment of $25.00, a fine of $1, 000.00, and restitution in the amount of $6, 113.75, to be paid in full before his term of unsupervised probation expires....

The Court did not set payment schedules as the defendant is unemployed, the parties advised the Court that if restitution is not paid, civil remedy can be sought. Judgment, Docket No. 10, at 3. Under "Schedule of Payments, " the Court provided that a "[l]ump sum payment of $7, 138.75 [is] due immediately." Id. at 5.

         On April 3, 2014, the Court held a review hearing. At the review hearing, the Court extended Mr. White's term of unsupervised probation for an additional year to give Mr. White additional time to make payments. The Court set the matter for a further review hearing on January 8, 2015. On December 23, 2014, the Court granted the parties' joint request to continue the January 8, 2015 review hearing to March 5, 2015.

         The parties now jointly request that the Court modify the conditions of Mr. White's probation. Specifically, the parties request that the Court establish a payment schedule. In January 2015, Mr. White began receiving social security benefits, in the amount of $700.00 per month. Now that Mr. White has some source of income, he can pay $150.00 per month toward his financial obligation. The other conditions of Mr. White's probation shall remain in effect.

         WHEREFORE, the parties request that the conditions of Mr. White's probation be modified pursuant to 18 U.S.C. § 3563(c).

          ORDER

         Pursuant to the parties' joint request to modify Mr. White's conditions of probation, the Court hereby modifies under 18 U.S.C. § 3563(c) Mr. White's conditions of probation to add the following condition: Mr. White's financial obligation shall be paid in monthly installments of $150.00, commencing April 1, 2015, and each month thereafter by the 1st of the month.

         IT IS SO ORDERED.


Summaries of

United States v. White

United States District Court, Ninth Circuit, California, E.D. California
Mar 23, 2015
1:13-cr-00359-SAB (E.D. Cal. Mar. 23, 2015)
Case details for

United States v. White

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. CLIFFORD J. WHITE, Defendant.

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Mar 23, 2015

Citations

1:13-cr-00359-SAB (E.D. Cal. Mar. 23, 2015)