Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

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DIANE J. HUMETEWA United States Attorney District of Arizona JOHN BOYLE Assistant U.S. Attorney Two Renaissance Square 40 North Central Ave, Suite 1200 Phoenix, Arizona 85004-4408 Arizona State Bar No. 015640 Telephone (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT 8 DISTRICT OF ARIZONA 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

United States of America, CR-04-0014-001- PHX-DGC Plaintiff, v. RUBEN LOPEZ-FELIX, Defendant. UNITED STATES MOTION FOR ORDER TO SHOW CAUSE RE: DISBURSEMENT OF MONEY FROM REGISTRY FUND OF JUDGMENT DEBTOR

Pursuant to 28 U.S.C. § 2044 and Rule 82(b) of Rules of Practice of the United States District Court for the District of Arizona, the United States of America hereby requests that the court issue an order to show cause why the $100,000 cash bond posted by Defendant on July 7, 2004, should not be applied to the money judgment which was ordered against defendant. The record reflects that defendant was ordered on September 20, 2006 to pay a money judgment in the sum of $100,000. No payments have been made toward the judgment and there remains a balance of $100,000. The record reflects this cash bond was posted by defendant through his attorney. A copy of the July 7, 2004, Order Setting Conditions of Release is enclosed as Attachment A. Rule 46.2(b), Rules of Practice of the United States District Court for the District of Arizona, provides: When money, government notes or bonds have been deposited by the defendant, and if it remains on deposit at the time of a judgment for the payment of a fine or fine and costs, the Clerk shall, under the direction of the Court, apply the money, notes, or bonds in satisfaction thereof, and after satisfying the fine and costs, shall refund the surplus, if any, to the defendant.
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28 U.S.C. § 2044 provides:
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On motion of the United States attorney, the court shall order any money belonging to and deposited by or on behalf of the defendant with the court for the purposes of a criminal appearance bail bond (trial or appeal) to be held and paid over to the United States attorney to be applied to the payment of any assessment, fine, restitution, or penalty imposed upon the defendant. The court shall not release any money deposited for bond purposes after a plea or a verdict of the defendant's guilt has been entered and before sentencing except upon a showing that an assessment, fine, restitution or penalty cannot be imposed for the offense the defendant committed or that the defendant would suffer an undue hardship. This section shall not apply to any third party surety. Counsel for the United States has spoken with the Defendant's attorney, Jilbert Tahmazian , four times, as recently as March 31, 2008, regarding the source of the $100,000 cash bond. To date, Mr. Tahmazian has been unable to acquire the documents or information concerning any thirdparty source of these funds. Accordingly, the United States of America requests that the Court issue an order to show cause why the $100,000 cash bond proceeds should not be applied to the money judgment ordered, by transferring said funds to the United States of America for disposition in accordance with law. Respectfully submitted 3rd day of April, 2008.

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DIANE J. HUMETEWA United States Attorney District of Arizona s/ John Boyle JOHN BOYLE Assistant U.S. Attorney // // // // // // //

Case 2:04-cr-00014-DGC

Document 118

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Filed 04/03/2008

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CERTIFICATE OF SERVICE

I hereby certify that on April 3, 2008, I electronically transmitted the attached 3 document to the Clerk's Office using the CM/ECF system for filing and transmittal 4 of a Notice of Electronic Filing to the following CM/ECF registrants:
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Brian Russo
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Jilbert Tahmazian
[email protected]

B. Boyers

B. Boyers

Case 2:04-cr-00014-DGC

Document 118

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Filed 04/03/2008

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