Opinion
No. 1:05-cr-00098-01 OWW.
February 1, 2006
DENNIS S. WAKS, #142581, Acting Federal Defender, VICTOR M. CHAVEZ, Bar #113752, Assistant Federal Defender, Designated Counsel for Service, Fresno, California, Attorney for Defendant, GERMAN LOPEZ JUAREZ.
EX PARTE APPLICATION FOR ORDER EXONERATING CASH BOND AND ORDER THEREON
Defendant German Lopez-Juarez, hereby moves this court for an order to exonerate the cash bond in the above-captioned case.
On March 7, 2005, Mr. Lopez-Juarez made an initial appearance in this matter before Magistrate Judge Lawrence J. O'Neill. On March 9, 2005, a detention hearing was held before Magistrate O'Neill. An order was made at that hearing for defendant's release upon posting a $90,000.00 property bond. No property bond was posted. On August 17, 2005, defendant executed a plea agreement; a change of plea hearing was held on August 23, 2005, before Judge Oliver W. Wanger. On September 2, 2005, a bail review hearing was held before Magistrate O'Neill. Defendant was ordered released upon posting a $3,000.00 cash bond. Bond was posted on that date by Gustavo Rios, Receipt No. 202246. On November 1, 2005, defendant was sentenced to a term of five months and twenty days in custody, with credit for time served (actual time served prior to sentencing).
Since Mr. Lopez-Juarez has made all necessary court appearances and has completed service of the ordered by the court, he requests that the court exonerate the bond.
Defense counsel has discussed this application with Assistant United States Attorney Stanley A. Boone. He does not object to exoneration of the bond.
ORDER
IT IS HEREBY ORDERED that the cash bond in the above-captioned case, in the amount of $3,000.00 (Receipt #202246), be exonerated. Said funds shall be reimbursed to Gustavo Rios, surety and owner of said funds pursuant to the Statement of Ownership of Cash Bond on file with the court.