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Stip. & [Proposed] Order to Extend Date;

U.S. v. Thomas, CR 09-379 MHP 1

BARRY J. PORTMAN

Federal Public Defender

RITA BOSWORTH

Assistant Federal Public Defender

19th Floor Federal Building

450 Golden Gate Avenue

San Francisco, CA 94102

Telephone: (415) 436-7700

Counsel for Defendant THOMAS

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

Plaintiff,

v.

KELLY THOMAS

Defendant.

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No. CR-09-379 MHP

STIPULATION AND [PROPOSED]

ORDER TO EXTEND DEFENDANT’S

SELF SURRENDER DATE TO JULY 16,

2010

1. On May 3, 2010, Ms. Thomas was sentenced to 18 months in custody. The Court

ordered Ms. Thomas to surrender to her designated federal facility on July 2, 2010. 

2. On June 8, 2010, Ms. Thomas contacted defense counsel and stated that she had

not yet received any notification as to where she should report on July 2. Defense counsel told

Ms. Thomas to contact her again if she had not received notification one week in advance of

July 2. 

3. On June 28, 2010, five days before the date by which she was ordered to self

surrender, Ms. Thomas again contacted defense counsel and stated that she still had not received

any notification as to a location for her self surrender. 

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Stip. & [Proposed] Order to Extend Date;

U.S. v. Thomas, CR 09-379 MHP 2

4. On June 28, 2010, defense counsel contacted the United States Marshal Service. 

The marshals checked their database for Ms. Thomas and confirmed that she has not yet been

designated to a federal facility. They did not know why there has been such a delay, and they did

not know when to expect a designation. 

5. On June 28, 2010, defense counsel left a voicemail message for the Bureau of

Prisons inquiring as to why Ms. Thomas has not received a designation yet and when that might

occur. As of the time of this filing, there has been no response. 

6. In light of the Bureau of Prisons’ delay in designating a facility where Ms.

Thomas will serve her sentence and its inability to predict when it might be able to do so, Ms.

Thomas requests that the Court extend her self surrender date by two weeks to July 16. Since the

time she was sentenced on May 3, Ms. Thomas has maintained her employment and continues to

check in with the pretrial services office. She has also maintained excellent communication with

undersigned counsel and has been diligent about following up with her date and location for selfsurrender. 

7. The government does not object to Ms. Thomas’s request for an extension of the

date on which to self surrender. 

 

IT IS SO STIPULATED.

6/28/10 /s/

___________________ _________________________________

DATED JEFFREY FINIGAN

Assistant United States Attorney

6/28/10 /s/

____________________ _________________________________

DATED RITA BOSWORTH

Assistant Federal Public Defender

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Stip. & [Proposed] Order to Extend Date;

U.S. v. Thomas, CR 09-379 MHP 3

IT IS SO ORDERED.

___________________ _________________________________

DATED MARILYN HALL PATEL

United States District Judge

June 28, 2010

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge Marilyn H. Patel

Case 3:09-cr-00379-MHP Document 33 Filed 06/29/10 Page 3 of 3