Opinion
Docket Number: 2:05CR00012-01.
May 22, 2009
PERMISSION TO TRAVEL OUTSIDE THE COUNTRY
Your Honor:
Mr. Edem has been supervised by the Central District of California since he was granted probation on February 11, 2008. He is in compliance with the terms and conditions of his probation, except for payment of his restitution. On November 20, 2008, the Court approved a modification of probation for a reduction of monthly restitution payments. The amount reflects his current ability to pay. Presently, he is making sporadic payments toward his restitution obligations as his finances allow. He has paid a total of $1,550.00 toward the $50,000.00 restitution ordered. His last payment was on May 4, 2009 for $150.00.
The probationer is requesting permission to travel to Nigeria to attend his brothers funeral. The undersigned empathizes with Mr. Edem's loss. However, the recent violation makes it difficult to fully endorse a request for international travel. Should Mr. Edem be allowed to travel to Nigeria, there is no viable way to supervise him. Further, the expenses incurred while traveling may impact his ability to pay restitution as directed. Based on the above, the undersigned recommends the travel request be denied.
Conviction and Sentencing Date: On February 11, 2008, Mr. Edem was sentenced for the offense(s) of 18 USC 1347 and 2 — Health Care Fraud and Aiding and Abetting.
Sentence imposed: 60 months probation; $100 special assessment; $50,000 restitution. Special conditions include: Search; Financial disclosure; Not incur new credit charges; Home detention for 180 consecutive days; Submit to collection of DNA. Dates and Mode of Travel: June 18, 2009 to July 20, 2009 through airline.
Purpose: Mr. Edem's brother passed away on April 15, 2009, as a result of complications associated with Hepatitis C infection which resulted in kidney failure. He would like to attend his brother funeral scheduled for June 24, 2009. TONI M. ORTIZ United States Probation Officer DATED: REVIEWED BY: KYRIACOS M. SIMONIDIS Supervising United States Probation Officer
Respectfully Submitted, /s/Toni M. Ortiz May 21, 2009 Sacramento, California TMO/cp /s/John A. Poglinco for ORDER OF THE COURT:Approved