IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

UNITED STATES )

)

v. ) Criminal No. 96-139-01 (RCL)

)

xxxxxxxxxxxx, )

)

Defendant. )

__________________________ )

DEFENDANT'S MOTION FOR TRAVEL EXPENSES

PURSUANT TO 18 U.S.C. § 4285

xxxxxxxxx, by and through counsel, hereby moves this Court to enter that attached Order, which will authorize and direct the marshal to make travel arrangements designed to bring Mr. xxxxxxx from his home in Las Vegas, Nevada to the next court appearance in the above-captioned case, and then to return Mr. xxxxxxx to his home at the conclusion of the hearing.

Mr. xxxxxxx has previously been determined to be financially indigent and to qualify for court appointed counsel. He is currently residing in Las Vegas, Nevada, but he has no income and is financially destitute.

Although there was a motions hearing originally scheduled for January 20, 1998 in the above-captioned matter, the parties have now signed a plea agreement (copy attached) which contemplates the dismissal of Mr. xxxxxxx's co-defendant, xxxxxxxx. Accordingly, there is no need for the Court to hold a motions hearing, and the matter should be set down for a disposition.⁽¹⁾

Pursuant to 18 U.S.C. § 4285, this Court may

direct the United States marshal to arrange for [an indigent defendant's] means of noncustodial transportation or furnish the fare for such transportation to the place where his appearance is required, and in addition may direct the United States marshal to furnish that person with an amount of 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.

Accordingly, Mr. xxxxxxx respectfully requests that the Court set this matter down for a disposition, and that it enter the attached Order directing the marshal to make appropriate arrangements to facilitate Mr. xxxxxxx appearance in court and his return to Las Vegas after his appearance.

Respectfully submitted,

A.J. KRAMER

FEDERAL PUBLIC DEFENDER

__________________________

L. Barrett Boss

Assistant Federal Public Defender

625 Indiana Avenue, N.W., Suite 550

Washington, D.C. 20004

(202) 208-7500

CERTIFICATE OF SERVICE

I hereby certify that on the 19th^th day of January, 1999, the foregoing Motion was served by and facsimile, upon:

Harry Benner

Office of the United States Attorney

for the District of Columbia

555 - 4th Street, N.W.

Washington, D.C. 20001

__________________________

L. Barrett Boss

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

UNITED STATES )

)

v. ) Criminal No. 96-139-01 (RCL)

)

. xxxxxxx, )

)

Defendant. )

__________________________ )

ORDER

This matter, having come before the Court on the defendant's motion pursuant to 18 U.S.C. § 4285, and for good cause shown, it is hereby ORDERED that:

This matter is set for a disposition hearing at a.m/p.m. on January , 1999.
Pursuant to 18 U.S.C. § 4285, the Marshal's Service is to arrange for Mr. xxxxxxxxx noncustodial transportation to and from that hearing in Washington, D.C. and his home in Las Vegas, Nevada, and to provide him with subsistence expenses, not to exceed the amount authorized as a per diem allowance for travel under section 5702(a) of title 5, United States Code.

Royce C. Lamberth

United States District Judge

Dated:

copies to:

AFPD Barry Boss

625 Indiana Avenue, N.W.

Washington, DC 20004

AUSA Harry Benner

555 4^th Street, NW

Washington, DC 20001

United States Marshal's Service

1. The exact time and date of the disposition is a matter of some disagreement between the parties. Undersigned would like to schedule the hearing for Thursday morning, at anytime after 9:30 a.m. Mr. Benner is opposed to scheduling the plea any later than Wednesday, January 20^th. If the matter is to be scheduled on Wednesday, undersigned requests (and Mr. Benner does not object) to the matter being scheduled at 3:30 p.m., or at some time thereafter.