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United States v. Kramer

United States District Court, Ninth Circuit, California, E.D. California
Jul 30, 2015
3:13-mj-0004-CMK (E.D. Cal. Jul. 30, 2015)

Opinion


UNITED STATES OF AMERICA, Plaintiff, v. Michael R. Kramer, Defendant. No. 3:13-mj-0004-CMK No. 3:14-mj-0063-CMK United States District Court, E.D. California. July 30, 2015

          ORDER

          CRAIG M. KELLISON, Magistrate Judge.

         In its Proposed Memorandum of Opinion and Judgment filed on June 24, 2015, the court found the defendant not guilty of Count 3 of the Information filed on January 27, 2015, as to violating 36 C.F.R. § 4.22(b)(3), unsafe operation of a vehicle. In the concluding paragraph of said Memorandum, however, the court mistakenly concluded that the defendant was guilty of Count 3, and not guilty of Count 6 of violating 36 C.F.R. § 2.34(a)(1), disorderly conduct. The corrected language at lines 4 through 24 on page 14 is:

         (1) The evidence supports beyond a reasonable doubt that with respect to Information filed January 17, 2015, the defendant is guilty of the charges set forth in: Count 1, possession of a concealed handgun in violation of 36 C.F.R. § 2.4(a)(1)(I); Count 2, possession or control of an unregistered vehicle in violation of 36 C.F.R. § 4.2, incorporating California Vehicle Code § 4000(a); Count 3, having no proof of financial responsibility for his vehicle in violation of 36 C.F.R. § 4.2, incorporating California Vehicle Code 16028(A), and Count 4, failing to obtain a camping permit in violation of 36 C.F.R. § 2.10(b)(8), all Class B misdemeanors.

         (2) The evidence also supports beyond a reasonable doubt that with respect to Information filed January 27, 2015, the defendant is guilty of the charges set forth in: Count 1, violating 18 U.S.C. § 13, incorporating California Vehicle Code § 14601.1(a), driving with a suspended license; Count 2 with violating 18 U.S.C. § 13, incorporating California Vehicle Code § 12500(a), driving without a valid driving license; Count 4 violating 36 C.F.R. § 2.32(a)(1), threatening, resisting... interfering with a government employee engaged in official duty; Count 5, violating 36 C.F.R. § 2.32(a)(2), failure to obey lawful order of a Government employee; Count 6 of violating 36 C.F.R. § 2.34(a)(1), disorderly conduct; Count 7, violating 18 U.S.C. § 13, incorporating California Vehicle Code § 4000(a)(1), possessing or in control of an unregistered vehicle; Count 8, violating 18 U.S.C. § 13 incorporating California Vehicle Code § 16028(a), failure to provide proof of financial responsibility for his vehicle; Count 9 violating 18 U.S.C. § 13, incorporating California Vehicle Code § 5402(a), failure to display current registration stickers or tabs and not guilty of count 3 of violating 36 C.F.R. § 4.22(b)(3), unsafe operation of a vehicle.

         This corrected language will appear in the courts final judgment following sentencing on September 8, 2015.

         IT IS SO ORDERED.


Summaries of

United States v. Kramer

United States District Court, Ninth Circuit, California, E.D. California
Jul 30, 2015
3:13-mj-0004-CMK (E.D. Cal. Jul. 30, 2015)
Case details for

United States v. Kramer

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. Michael R. Kramer, Defendant. No…

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Jul 30, 2015

Citations

3:13-mj-0004-CMK (E.D. Cal. Jul. 30, 2015)