Free Motion to Travel - District Court of California - California

Case 5:07-cr-00610-JF

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Filed 01/21/2008

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Mark R. Vermeulen [CSBN 115381] Law Office of Mark R. Vermeulen 755 Florida Street #4 San Francisco, CA 94110.2044 Phone: 415.824.7533 Fax: 415.824.4833 Attorney for Defendant BERNADETTE ESCUE

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION UNITED STATES OF AMERICA, Plaintiff, v. BERNADETTE ESCUE, Defendant. ) ) ) ) ) ) ) ) ) ) No. CR 07-00610 JF EX PARTE APPLICATION FOR ORDER PERMITTING TRAVEL FOR NEW EMPLOYMENT UPON NOTIFICATION TO AND APPROVAL OF PRETRIAL SERVICES, SUBMITTED WITH THE APPROVAL OF THE AUSA AND PRETRIAL SERVICES; DECLARATION OF COUNSEL

Defendant Bernadette Escue, through counsel, applies for permission to travel to and from Portland, Oregon beginning January 28, 2008, so that she may work at the new job for which she recently was accepted in Portland, which job is to begin February 2, 2008. Also, because this involves ongoing employment of an undetermined duration, Ms. Escue further requests that such travel be permitted into the future subject to her (1) notifying Pretrial Services in advance of her intended travel and providing Pretrial Services with an itinerary of her intended travel and lodging and contact information during the dates of travel, (2) obtaining the approval of Pretrial Services, and (3) upon her return, providing Pretrial Services with any documentation necessary to verify such travel. This application is submitted after consultation with the supervising Pretrial Services Officer and the AUSA handling this matter, both of whom have informed counsel that they have no objection to this proposal. /// -1-

Case 5:07-cr-00610-JF

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Filed 01/21/2008

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This Application is based on the attached Declaration Of Counsel. A proposed order accompanies this application.

Dated: January 21, 2008

Respectfully submitted,

/S/______________________ Mark R. Vermeulen Attorney for Defendant BERNADETTE ESCUE

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Case 5:07-cr-00610-JF

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Filed 01/21/2008

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DECLARATION OF COUNSEL I, Mark R. Vermeulen, declare: 1. I am an attorney duly admitted to practice before this Court and I represent Defendant

Bernadette Escue in this action. 2. I request that Ms. Escue be permitted to travel to and from Portland, Oregon. She

recently was offered employment in Portland, which is to begin on approximately February 1, 2008. She therefore needs to travel to and from that city. She will continue to reside in the Bay Area, where she otherwise cares for her elderly parents. Her travel will sometimes be by airplane, and sometimes by ground travel (driving or other ground transportation). 3. Because this involves ongoing employment of a currently undetermined duration, I

further request that such travel be permitted into the future on an ongoing basis subject to her (1) notifying Pretrial Services in advance of the intended travel and lodging and providing Pretrial Services with an itinerary of her intended travel and contact information during the dates of travel, (2) obtaining the approval of Pretrial Services, and (3) upon her return, providing Pretrial Services with any documentation necessary to verify such travel. 4. I have spoken with Pretrial Services Officer Tim Elder, the officer assigned to this case,

and with Joe Fazioli, the AUSA handling this case, and we've discussed this situation. I have provided each of them with a copy of this Application and the accompanying [Proposed] Order Permitting Travel in advance of filing these documents, and they each have informed me that they have no objection to this request. 5. I will email a copy of this Application and the accompanying [Proposed] Order

Permitting Travel to Pretrial Services Officer Tim Elder on the same date I file this via ECF, and a copy of each will be provided to AUSA Joe Fazioli automatically via ECF filing. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 21, 2008 at San Francisco, CA.

/S/_____________________ Mark R. Vermeulen

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