Opinion
DANIEL J. BRODERICK, Bar #89424, Federal Defender, JEFFREY L. STANIELS, Bar #91413, Assistant Federal Defender, Designated Counsel for Service, Sacramento, California, Attorney for Defendant, DIANE MCSWINE.
APPLICATION FOR TRANSPORTATION ORDER; ORDER FOR TRANSPORTATION.
DAVID L. LEVI, District Judge
Application is hereby made for an Order for Transportation for defendant DIANE MCSWINE to enable her to attend the Trial Confirmation Hearing scheduled for January 18, 2007 at 10:00 a.m. before the Hon. David F. Levi. Ms. McSwine is unable to afford her own transportation from Memphis, Tennessee to federal court in Sacramento, California for the following reasons.
Until recently jury trial in this case was scheduled to commence on January 22, 2007. With that date in mind Ms. McSwine intended to remain in Sacramento following the trial confirmation hearing until the conclusion of trial. By agreement of counsel, however, the trial date has been moved from January 22, 2007 to February 12, 2007, and a stipulation and proposed order awaits the signature of Judge Levi. A telephone conversation with the Judge's deputy clerk by government counsel confirmed that arrangements for the jury trial on January 22, 2007, had been cancelled, and that the stipulated change of trial date was merely awaiting signature by Judge Levi.
Undersigned counsel attempted promptly to notify Ms. McSwine of the change in trial date by telephone and e-mail. However, the telephone is apparently monitored by Ms. McSwine's husband who was out of town until late last week. Counsel learned this morning that the e-mail "sent" on January 11, 2007, had not been delivered because of a typing omission in the recipient's address.
Ms. McSwine has advised counsel today that although she had arranged for money to pay for her trip here for trial, that she is unable to afford to travel from Memphis to Sacramento twice in such a short time period, as is now scheduled. Furthermore, she advised that the arrangements she made to obtain money to travel here for trial is not available until shortly before the trial date, and is not available to pay for her travel here on Thursday.
The court is advised that counsel have conferred about this request and government counsel, Assistant United States Attorney John Vincent, has stated to counsel that he has no position on this request.
WHEREFORE, in the interests of justice the court is requested to "...direct the United States Marshal to arrange for [Ms. McSwine's] non-custodial transportation or furnish the fare for such Order for Transportation/Diane McSwine transportation.." pursuant to the just-quoted provision of 18 U.S.C. § 4285.
Respectfully submitted,
TO:
This is to authorize and direct you to furnish the above named defendant, Diane McSwine, with transportation from Memphis, Tennessee to Sacramento, California for the Trial Confirmation Hearing in the United States District Court for the Eastern District of California on Thursday, January 18, 2007 at 10:00 a.m. Sacramento, California without transportation expenses. authorized pursuant to 18 U.S.C. § 4285.