Free Motion for Forfeiture of Property - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona GARY M. RESTAINO Assistant U.S. Attorney Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Arizona State Bar No. 017450 Telephone (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff, v. Maria Rosa Barragan-Mercado, Defendant. Plaintiff, United States of America, pursuant to Rule 46(e)(1) and (f)(1), Federal Rules of UNITED STATES' MOTION TO FORFEIT BOND CR04-1086-PHX-EHC

15 Criminal Procedure, respectfully moves this Court for an Order forfeiting bond in the sum of 16 $10,000.00 which was posted for bail on September 27, 2004, by defendant, through her 17 daughter, Yuliana Barragan. 18 19 A. Factual Background Defendant had her initial appearance in Yuma on the instant charges of bringing aliens to

20 the United States on September 21, 2004, and was held pending a detention hearing in Phoenix. 21 On September 24, 2004, after a detention hearing, Magistrate Judge Edward Voss ordered 22 defendant released on the payment of a $10,000.00 cash bond and the compliance with other 23 conditions. In particular, defendant was required to avoid committing another federal crime and 24 to avoid ingestion of any controlled substance "unless prescribed for defendant by a licensed 25 medical practitioner in the course of his/her legitimate medical practice." (Dkt. # 7.) A cash 26 bond of $10,000.00 was tendered, through an affidavit by Yuliana Barragan, on September 27, 27 2004 (Dkt. ## 6, 9) and defendant was released from custody pending trial. 28

Case 2:04-cr-01086-EHC

Document 91

Filed 12/19/2005

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Prior to the sentencing in this matter defendant tested positive for cocaine, and Pretrial

2 Services Officer Ruben Salgado filed a Petition to Revoke on June 24, 2005. (Dkt. # 69.) 3 Defendant was detained and held to answer and the Court referred the matter for a revocation 4 hearing, but released the defendant on July 8, 2005 pending a continued sentencing date. (Dkt. 5 ## 73, 74.) On August 13, 2005, prior to the sentencing date, defendant was arrested on a new 6 alien smuggling offense, and subsequently charged in CR05-883-PHX-EHC. Defendant was 7 held in custody from the date of her arrest in CR05-883, and her pretrial release in the instant 8 case was revoked on September 6, 2005. (Dkt. # 86). 9 10 B. Legal Argument

Forfeiture of the bond is consistent with Fed. R. Crim. P. 46(e) and (f)(1), which carries a

11 presumption of forfeiture if defendant breaches any condition of bond. In the instant case, 12 defendant breached a bond condition through the commission of a new alien smuggling offense. 13 14 C. Conclusion

For the foregoing reasons, plaintiff requests this Court to order the bond of $10,000.00

15 (posted on May 27, 2004 through Yuliana Barragan) forfeited. 16 17 18 19 20 21 22 23 CERTIFICATE OF SERVICE Respectfully submitted this 19th day of December, 2005. PAUL K. CHARLTON United States Attorney District of Arizona s/ Gary Restaino GARY M. RESTAINO Assistant U.S. Attorney

I hereby certify that on the above date, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of 24 Electronic Filing to the following CM/ECF registrants: Charles Thomas. 25 26 27 28
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Case 2:04-cr-01086-EHC

Document 91

Filed 12/19/2005

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