Opinion
Mag. No. 05-286-DAD.
February 9, 2006
DANIEL J. BRODERICK, CA Bar, Acting Federal Defender, TARA I. ALLEN, CA Bar, Staff Attorney, Sacramento, California, Attorney for Defendant, KARESHA L.M. BOYD.
APPLICATION AND ORDER FOR TRANSPORTATION AND SUBSISTENCE PURSUANT TO 18 U.S.C. § 4285
I. Introduction
Defendant Karesha L.M. Boyd hereby requests an order for transportation and subsistence costs pursuant to 18 U.S.C. § 4285.
Ms. Boyd was released on her own recognizance and ordered to appear in the Western District of Louisiana located in Shreveport, Louisiana, on October 14, 2005. Ms. Boyd previously traveled from Sacramento, California as ordered, without assistance. However, Ms. Boyd is financially unable to travel to Shreveport as required for trial on February 16, 2006. Thus, Ms. Boyd moves the Court for an order directing the United States Marshal to arrange for her noncustodial transportation, and to provide appropriate subsistence expenses.
Ms. Boyd's case is set for trial on February 16, 2006, at 9:30 a.m., or as soon thereafter as her case can be called. (See attached "Letter of Betty Marak" confirming trial date). Thus, Ms. Boyd must arrive on February 15, 2006, in order to make the February 16th court appearance.
II. Applicable Law
Section 4285 of Title 18, United States Code, authorizes "[a]ny judge or magistrate of the United States, when ordering a person released" under the Bail Reform Act, 18 U.S.C. § 3141 et seq., "on a condition of his subsequent appearance before that court, any division of that court, or any court of the United States in another judicial district in which criminal proceedings are pending" to "direct the United States marshal to arrange for that person's means of noncustodial transportation or furnish the fare for such transportation to the place where his appearance is required. . . ." The court may also "direct the United States marshal to furnish that person with an amount of money for subsistence expenses to his destination," limited by standard federal per diem rates.
Such an order may be made "when the interests of justice would be served thereby and the United States judge or magistrate is satisfied, after appropriate inquiry, that the defendant is financially unable to provide the necessary transportation to appear before the required court on his own. . . ." Id.
III. Argument
Ms. Boyd has executed a financial affidavit which establishes that she does not have the means to travel from her home in Stockton, California to Sacramento, California. (See attached "Financial Affidavit."). Ms. Boyd is presently unemployed. Her sole income is provided by an older sister who assists with her day to day needs.
Accordingly, Ms. Boyd respectfully requests the Court to authorize an order of transportation.
TO: UNITED STATES MARSHALS SERVICE, SACRAMENTO, CALIFORNIA:
This is to authorize and direct you to furnish the above named defendant, KARESHA L.M. BOYD, with transportation from Sacramento, California for an appearance in the U.S. District Court for the Western District of Louisiana on Thursday, February 16, 2006 at 9:30 a.m. It will be necessary for Ms. Boyd to arrive in Shreveport, Louisiana on February 15, 2006, to timely make her appearance in court on the morning of Thursday, February 16, 2006. In addition, the United States Marshal must furnish Ms. Boyd with money for subsistence expenses to her destination, not to exceed the amount authorized as a per diem allowance for travel under section 5702(a) of Title 5, United States Code. Karesha Boyd is financially unable to travel to Louisiana without transportation and subsistence expenses. This order is authorized pursuant to 18 U.S.C. § 4285.