Opinion
CASE NO. 1:14-CR-00041-LJO
07-20-2015
UNITED STATES OF AMERICA, Plaintiff, v. BRIAN CAPUTO, Defendant.
BENJAMIN B. WAGNER United States Attorney MICHAEL G. TIERNEY Assistant United States Attorney 2500 Tulare Street Suite 4401 Fresno, California 93721 Telephone: (559) 497-4000 MAUREEN CAIN Trial Attorney U.S. Department of Justice Criminal Division Child Exploitation & Obscenity Section 1400 New York Avenue NW, Suite 600 Washington, D.C. 20530 Telephone: (202) 514-5780 Attorneys for Plaintiff United States of America
BENJAMIN B. WAGNER
United States Attorney
MICHAEL G. TIERNEY
Assistant United States Attorney
2500 Tulare Street
Suite 4401
Fresno, California 93721
Telephone: (559) 497-4000
MAUREEN CAIN
Trial Attorney
U.S. Department of Justice
Criminal Division
Child Exploitation & Obscenity Section
1400 New York Avenue NW, Suite 600
Washington, D.C. 20530
Telephone: (202) 514-5780
Attorneys for Plaintiff
United States of America
MOTION AND ORDER TO DOCKET ATTACHMENTS TO GOVERNMENT'S MARCH 12, 2014 DETENTION MEMORANDUM DATE: August 3, 2015
TIME: 8:30 a.m.
JUDGE: Hon. Lawrence J. O'Neill
BACKGROUND
The Government is noticing a hearing date as required by Local Rule 430.1(c). However, the Government does not believe oral argument is necessary to resolve this Motion.
On March 12, 2014, the government electronically filed a "Memorandum in Support of the Government's Motion for Revocation of Release Order" (the "Detention Memorandum"). Dkt. 16. The Detention Memorandum referenced three Attachments, Attachments A, B, and C, that contained factual information supporting the Government's request for detention (the "Attachments"). Id. at 4, 7. The government provided the Attachments to the Court and defense counsel in hard copy in advance of the March 12, 2014 hearing, but it appears the Attachments were not entered on the Court's electronic docket. The Attachments appear at Enclosure 1 to this filing.
The defendant's detention is currently on appeal to the United States Court of Appeals for the Ninth Circuit. Dkt. 58. In order to ensure the appellate court has a complete record of facts submitted to this Court, the Government requests that this Court enter the Attachments on the docket, retroactive to the date of the filing of the Detention Memorandum, March 12, 2014.
A proposed order appears below.
[PROPOSED] ORDER
IT IS HEREBY ORDERED that Attachments A, B, and C to the United States' March 12, 2014 Memorandum in Support of the Government's Motion for Revocation of Release Order are hereby docketed, effective March 12, 2014.
Respectfully submitted,
BENJAMIN B. WAGNER
United States Attorney
DATED: July 16, 2015
By: /s/ Michael G. Tierney
Michael G. Tierney
Assistant United States Attorney
ORDER
IT IS SO ORDERED.
Dated: July 20 , 2015
/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE