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Case 2:12-mj-00380-CWH Document 13 Filed 07/03/13 Page 1 of 7

RENE L. VALLADARES
Federal Public Defender
State Bar No. 11479
HEIDI A. OJEDA
411 E. Bonneville Avenue, Ste. 250
Las Vegas, Nevada 89101
Tel: (702) 388-6577
Fax: (702) 388-6261

Attorney for: ESMEDIA GUMMERSON

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

UNITED STATES OF AMERICA,

Case No.: 2:12-mj-380-CWH

Plaintiff,

vs.

ESMEDIA GUMMERSON,

Defendant.

UNOPPOSED MOTION TO QUASH
WARRANT AND SET FOR STATUS

CONFERENCE

(Expedited Consideration Requested)

COMES now the defendant, Esmedia Gummerson, by and through counsel, Rene L.

Valladares, Federal Public Defender, and HEIDI A. OJEDA, Assistant Federal Public Defender,

counsel for Esmedia Gummerson, and moves this court to quash the bench warrant issued on June

25, 2013, and schedule a status conference, no sooner that sixty (60) days or at the Court’s desire.

This unopposed motion is filed for the following reasons:

1.

On June 25, 2013, the Court held a status conference in this case. Ms. Gummerson

did not appear for the scheduled status conference and failed to appear for her prior status conference

on May 21, 2013. On June 25, 2013, undersigned counsel represented that several attempts were

made to contact Ms. Gummerson, and Ms. Gummerson failed to respond. The Court records

indicate that Ms. Gummerson’s only remaining obligations to the Court include the DUI and VIP

classes and payment of a $10 outstanding balance. Because Ms. Gummerson failed to appear and

was unresponsive to her counsel’s attempts to communicate, the Court reluctantly issued a bench

warrant.

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Case 2:12-mj-00380-CWH Document 13 Filed 07/03/13 Page 2 of 7

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2.

The Office of the Public Defender office sent Ms. Gummerson a letter informing her

of the issued bench warrant on June 25, 2013.

3.

On July 3, 2013, Ms. Gummerson contacted undersigned counsel after receiving

notice that the bench warrant was issue. Ms. Gummerson informed counsel that she was laid off

from her job in May of this year. Since that time, she has been unemployed and struggling

financially. Additionally, her husband has been sick and hospitalized for periods of time. Because

she is not working, she is struggling financially, and had no access to working transportation and no

money keep her phone active over the past few months. Any additional money each month was

spent on prescription medication for her husband, to alleviate his pain. Ms. Gummerson’s

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husband’s health appears to have stabilized. She now has access to a car and a cell phone. The loss

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of her job and her husband’s failing health contributed to her failure to complete her remaining

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conditions and appear in court when ordered.

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4.

The information provided by Ms. Gummerson appears consistent with her behavior

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to date. Ms. Gummerson was originally sentenced in June 2012. She was present for the first two

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status checks set by the Court, and made substantial progress towards completing her obligations to

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the Court; she completed 60 hours of community service (30 hours originally imposed and the 30

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hours that were converted from the fine). The first status check that she failed to appear for was on

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May 21, 2013, which was after she lost her job.

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5.

Ms. Gummerson is still unemployed and currently does not have the money to pay

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for the DUI and VIP classes. Counsel, therefore asks that the Court set this matter for status

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conference no sooner than 60 days to allow Ms. Gummerson time to save up money for the courses

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or obtain employment and become financially stable to pay for the classes.

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6.

Based upon the particular circumstances of Ms. Gummerson, her good faith effort in

reaching out to counsel upon notice that a bench warrant was issue and AUSA Kathryn Newman1

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having stated to counsel she has no opposition to the motion, and in the best interest of justice, the

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defendant respectfully requests: that the bench warrant be quashed, that she be given additional time

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1 AUSA Kathryn Newman originally requested the bench warrant at the status check on

June 25, 2013. Counsel of record Nadia Ahmed is on leave.

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Case 2:12-mj-00380-CWH Document 13 Filed 07/03/13 Page 3 of 7

to complete the her DUI and VIP classes and pay the $10 fine, and that this case be placed on

calendar for a status conference, no sooner than sixty (60) days hence.

DATED this 3rd day of July, 2013.









RENE L. VALLADARES
Federal Public Defender

By: /s/ Heidi A. Ojeda

HEIDI A. OJEDA
Assistant Federal Public Defender




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Case 2:12-mj-00380-CWH Document 13 Filed 07/03/13 Page 4 of 7

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

UNITED STATES OF AMERICA,

Case No.: 2:12-mj-380-CWH

Plaintiff,

vs.

ESMEDIA GUMMERSON,,


Defendant.

FINDINGS OF FACT, CONCLUSIONS OF

LAW, AND ORDER

FINDINGS OF FACT

Based on the pending unopposed motion of counsel, and good cause appearing

therefore, the Court finds that:

1.

On June 25, 2013, the Court held a status conference in this case. Ms. Gummerson

did not appear for the scheduled status conference and failed to appear for her prior status conference

on May 21, 2013. On June 25, 2013, undersigned counsel represented that several attempts were

made to contact Ms. Gummerson, and Ms. Gummerson failed to respond. The Court records

indicate that Ms. Gummerson’s only remaining obligations to the Court include the DUI and VIP

classes and payment of a $10 outstanding balance. Because Ms. Gummerson failed to appear and

was unresponsive to her counsel’s attempts to communicate, the Court reluctantly issued a bench

warrant.

2.

The Office of the Public Defender office sent Ms. Gummerson a letter informing her

of the issued bench warrant on June 25, 2013.

3.

On July 3, 2013, Ms. Gummerson contacted undersigned counsel after receiving

notice that the bench warrant was issue. Ms. Gummerson informed counsel that she was laid off

from her job in May of this year. Since that time, she has been unemployed and struggling

financially. Additionally, her husband has been sick and hospitalized for periods of time. Because

she is not working, she is struggling financially, and had no access to working transportation and no

money keep her phone active over the past few months. Any additional money each month was

spent on prescription medication for her husband, to alleviate his pain. Ms. Gummerson’s husband’s

health appears to have stabilized. She now has access to a car and a cell phone. The loss of her job

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Case 2:12-mj-00380-CWH Document 13 Filed 07/03/13 Page 5 of 7

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and her husband’s failing health contributed to her failure to complete her remaining conditions and

appear in court when ordered.

4.

The information provided by Ms. Gummerson appears consistent with her behavior

to date. Ms. Gummerson was originally sentenced in June 2012. She was present for the first two

status checks set by the Court, and made substantial progress towards completing her obligations to

the Court; she completed 60 hours of community service (30 hours originally imposed and the 30

hours that were converted from the fine). The first status check that she failed to appear for was on

May 21, 2013, which was after she lost her job.

5.

Ms. Gummerson is still unemployed and currently does not have the money to pay

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for the DUI and VIP classes. Counsel, therefore asks that the Court set this matter for status

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conference no sooner than 60 days to allow Ms. Gummerson time to save up money for the courses

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or obtain employment and become financially stable to pay for the classes.

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6.

Based upon the particular circumstances of Ms. Gummerson, her good faith effort in

reaching out to counsel upon notice that a bench warrant was issue and AUSA Kathryn Newman2

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having stated to counsel she has no opposition to the motion, and in the best interest of justice, the

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defendant respectfully requests: that the bench warrant be quashed, that she be given additional time

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to complete the her DUI and VIP classes and pay the $10 fine, and that this case be placed on

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calendar for a status conference, no sooner than sixty (60) days hence.

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/ / /

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/ / /

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2 AUSA Kathryn Newman originally requested the bench warrant at the status check on

June 25, 2013. Counsel of record Nadia Ahmed is on leave.

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Case 2:12-mj-00380-CWH Document 13 Filed 07/03/13 Page 6 of 7

CONCLUSIONS OF LAW

The Defendant has demonstrated good faith efforts to meet the court ordered

requirements and resolve the outstanding bench warrant. Therefore, the interest of justice is best

served by quashing the previously issued warrant and permitting the defendant adequate time to

complete his court ordered obligations.

ORDER

IT IS THEREFORE ORDERED that the bench warrant for arrest issued for defendant

ESMEDIA GUMMERSON is hereby quashed and this matter rescheduled for Status Conference

hearing on at the hour of _______ ___.m.

DATED this ____ day of ______________________ , 2013.


UNITED STATES MAGISTRATE JUDGE

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November 12, 20131:30 p.m.10thJulyCase 2:12-mj-00380-CWH Document 13 Filed 07/03/13 Page 7 of 7

CERTIFICATE OF ELECTRONIC SERVICE

The undersigned hereby certifies that I am an employee of the Law offices of the Federal

Public Defender for the District of Nevada and am a person of such age and discretion as to be

competent to serve papers.

That on August 27, 2009, I served an electronic copy of the above and foregoing

UNOPPOSED MOTION TO QUASH WARRANT AND SET FOR STATUS CONFERENCE

(Expedited Consideration Requested) by electronic service (ECF) to the person named below:

DANIEL G. BOGDEN
United States Attorney
KATHRYN NEWMAN
Assistant United States Attorney
333 Las Vegas Blvd. So., 5th Floor
Las Vegas, Nevada 89101



/s/ Karen Meyer
Karen Meyer, Legal Secretary to
HEIDI A. OJEDA,
Assistant Federal Public Defender

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O:\TRIAL UNIT\SC\Gummerson, Esmedia\Pleadings\Unopposed Mtn to Quash.wpd7