Free Motion to Exonerate Bond - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13

JILBERT TAHMAZIAN, BAR NO 143574 LAW OFFICES OF JILBERT TAHMAZIAN 1518 W. GLENOAKS BL. GLENDALE, CA 91201 (818) 242-8201 (818) 242-8246 (fax) Attorney for Defendant RUBEN LOPEZ-FELIX

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

UNITED STATES OF AMERICA, Plaintiff,

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

vs. RUBEN LOPEZ-FELIX, Defendant.

) ) ) ) ) ) ) ) ) ) )

CASE NO. CR04-0014-PHX-DGC

PETITION FOR EXONERATION AND RETURN OF BAIL

To the Honorable Judge of the United States District Court for the Northern District of New York: Your petitioner, Jilbert Tahmazian, respectfully shows: That your petitioner's place of business is located at: 1518 W. Glenoaks Bl., Glendale, California 91201. That on July 4, 2004 , the defendant herein gave bond before the United States Magistrate Judge for his appearance to answer to the criminal charges against him, and your petitioner on the day aforesaid signed said bond as surety for the said defendant and deposited with said United States District Court the sum of $100,000 . That thereafter and on September 18, 2006, the said defendant appeared before this court Case 2:04-cr-00014-DGC Document 113 1 Filed 12/06/2007 Page 1 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

and the charge, for which bail was posted, was finally determined by Conviction and Sentence. That said sum of money deposited with the United States District Court as aforesaid is the money of your petitioner and the right thereto has not been assigned. The petitioner has communicated with the Assistant United States Attorney, Mary Beth Phister, who stated that she has no objections to the exoneration and release of bail to the petitioner. WHEREFORE, your petitioner respectfully prays that an order be entered releasing your petitioner as surety as aforesaid and that the Clerk of the Court be directed to remit to your petitioner said sum of $100,000 deposited in connection with said bail bond. Dated: December 6, 2007 Respectfully Submitted, /s/ Jilbert Tahmazian Jilbert Tahmazian, Esq., Petitioner 1518 W. Glenoaks Bl. Glendale, CA 91201 (818) 242-8201

Case 2:04-cr-00014-DGC

2 Document 113

Filed 12/06/2007

Page 2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 2:04-cr-00014-DGC Mary Beth Phister Assistant U.S. Attorney U.S. ATTORNEY'S OFFICE 40 N. Central Ste. 1200 Phoenix, AZ 85004

ERTIFICATE OF SERVICE I am employed in the county of Los Angeles, State of California in the offices of a member of the State Bar of California at whose direction this service was made. I am over the age of 18 and not a party to the within action. My business address is 1518 West Glenoaks Blvd, Glendale, California 91201. On the date set forth below, I served the foregoing document described as PETITION FOR EXONERATION AND RETURN OF BAIL on the interested parties, named below and in this action by the method of service set forth below:

XX BY MAIL. I am "readily familiar" with the firm's practice of collecting and processing correspondence for mailing. Under that practice, the mail would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Los Angeles, California in the ordinary course of business. I am aware that upon motion of the party served, service is presumed invalid if the postal cancellation date or postal meter date is more than one day after the date of deposit for mailing an affidavit. BY FACSIMILE. By transmitting a copy of above listed document by a "FAX" machine to the FAX number noted on the attached master mailing list and/or as listed above. I declare under penalty of perjury and the laws of the State of California that the foregoing is true and correct. Executed on December 6, 2007 at Glendale, State of California.

/s/ Alex Van Kovn Alex Van Kovn

3 Document 113

Filed 12/06/2007

Page 3 of 3