Opinion
CR.S. 11-00322-KJM
11-29-2011
UNITED STATES OF AMERICA, Plaintiff, v. DANIEL OTAKE , Defendant.
DANIEL J. BRODERICK Federal Defender BENJAMIN D. GALLOWAY Attorney for DANIEL OTAKE
DANIEL J. BRODERICK, CA Bar #89424
Federal Defender
BENJAMIN D. GALLOWAY, CA Bar #214897
Assistant Federal Defender
Attorneys for the Defendant
DANIEL OTAKE
APPLICATION AND ORDER FOR
TRANSPORTATION AND SUBSISTENCE
PURSUANT TO 18 U.S.C. § 4285
Judge: Hon. Gregory G. Hollows
Defendant DANIEL OTAKE hereby requests an order for transportation and subsistence costs pursuant to 18 U.S.C. § 4285.
Mr. Otake is ordered to appear in court on December 15, 2011, at 10:00 a.m. before Judge Mueller for a status conference and change of plea hearing. Mr. Otake is unable to afford his own transportation from Hawi, Hawaii from Kailua Kona International Airport to Sacramento, California. It will be necessary for Mr. Otake to fly on December 14, 2011 to timely make his appearance on December 15, 2011. Mr. Otake will also need return transportation back to his residence on December 15, 2011 or the first available flight.
Respectfully submitted,
DANIEL J. BRODERICK
Federal Defender
BENJAMIN D. GALLOWAY
Attorney for DANIEL OTAKE
UNITED STATES OF AMERICA, Plaintiff,
v.
DANIEL OTAKE, Defendant.
CR.S. 11-00322-KJM
ORDER FOR TRANSPORTATION AND SUBSISTENCE
Defendant seeks round trip air fare and subsistence to travel from the State of Hawaii to Sacramento, CA. so that he can attend a status conference or possible change of plea. He makes the request pursuant to 18 U.S.C. § 4285. No matter how incongruous the words of the statute may seem to defendants in criminal actions, the statute permits disbursement of only one-way funds for appearances in the district of prosecution. "[The court may]...direct the United States Marshal to arrange for that person's non-custodial transportation or furnish the fare for such transportation to the place where his appearance is required..." The undersigned is unaware of any case interpretation of § 4285 which would permit defendant's round trip request. See cases only permitting payment for one-way travel: United States v. Centeno, 2009 WL 3334144 (S.D. Cal. 2009); United States v. Miracle, 2009 WL 3211104 (E.D. Ky. 2009); United States v. Headden,2009 WL 2960382 (D. Ariz. 2009); United States v. Birdhorse, 2007 WL 2358634 *2 (D.N.D. 2007); United States v. Vaughn, 2002 WL 1067456 *1 (D. Kan. 2002); United States v. Sandoval, 812 F.Supp. 1156, 1157 (D. Kan. 1993); United States v. James, 762 F.Supp. 1, 2 (D.D.C. 1991; United States v. Gonzales, 684 F.Supp. 838, 841 (D. Vt. 1988). While defendant may be seeking a judicial wink at the statute for logical reasons, the court is not authorized to expend funds except as directed by statute.
Therefore, the Marshal is authorized and directed to furnish the above named defendant, DANIEL OTAKE, with transportation and subsistence expenses for travel from Hawi, Hawaii from Kailua Kona International Airport to Sacramento, California on December 14, 2011 to timely make his initial appearance on December 15, 2011 at 10:00 a.m.. The United States Marshal's Office must furnish Mr. Otake with money for subsistence expenses to his destination, not to exceed the amount authorized as a per diem allowance for travel under section 5702(a) of Title 5, United States Code.
The Clerk shall serve a copy of this order on the United States Marshal. IT IS SO ORDERED.
Gregory G. Hollows
United States Magistrate Judge