Court filing
Motion to Extend Self-Surrender Date — United States v. Aleta Necole Thomas
Summary
A motion to extend the self-surrender date in United States v. Aleta Necole Thomas, No. 4:21-CR-00239-GKF-1, in the Northern District of Oklahoma, filed July 20, 2022 as Document 130. Brought under 18 U.S.C. § 3143(a)(1), the defendant asks the court to extend the date on which she must surrender to the Federal Bureau of Prisons, then set for July 20, 2022, by not less than fourteen days because of her recent hospitalization. It recites that the court sentenced her on June 8, 2022 to thirty months' imprisonment and ordered surrender on July 20, 2022 (ECF No. 113), and states that she was admitted to hospital on July 19, 2022 and was undergoing further testing. A consultation report is attached as Exhibit A. The motion argues that the findings supporting her release pending execution of sentence under 18 U.S.C. § 3142(a)(1) remain unchanged.
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No. 4:21-cr-00239-GKF · Doc. 130 · Docket on CourtListener
Full text
Case 4:21-cr-00239-GKF Document 130 Filed in USDC ND/OK on 07/20/22 Page 1 of 11
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OKLAHOMA
TULSA DIVISION
UNITED STATES OF AMERICA )
)
v. ) 4:21-CR-00239-GKF-1
)
ALETA NECOLE THOMAS )
MOTION TO EXTEND SELF-SURRENDER DATE
COMES NOW Defendant, Aleta Thomas, pursuant to 18 U.S.C. § 3143(a)(1), who
respectfully requests that this Court extend the date upon which she has been
ordered to surrender to the Federal Bureau of Prisons (“BOP”) for service of her
sentence in said case (currently scheduled for July 20, 2022) due to her recent
hospitalization at , for a period of not less than fourteen (14) days. In support of
this motion, Ms. Thomas states the following:
I. Relevant Procedural History
On June 8, 2022, this Court sentenced Ms. Thomas, inter alia, to serve a
term of imprisonment of thirty months, and ordered that Ms. Thomas voluntarily
surrender to the Federal Bureau of Prisons’ designated institution on July 20,
2022, before 2:00 p.m. J., ECF No. 113, at 2.
II. Factual Assertions
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Case 4:21-cr-00239-GKF Document 130 Filed in USDC ND/OK on 07/20/22 Page 2 of 11
On July 19, 2022, Ms. Thomas was admitted to Ascension St. John Medical
Center in Tulsa, Oklahoma for acute neurological deficits/suspected stroke, as
indicated by the Consultation Report attached hereunto as Exhibit A. Ms.
Thomas is currently undergoing additional testing at the hospital.
III. Memorandum of Law
This Court, by its releasing Ms. Thomas, pending execution of her sentence
of imprisonment, necessarily has found by clear and convincing evidence that
she is not likely to flee or pose a danger to the community, as contemplated in 18
U.S.C. § 3142(a)(1). Therefore, this Court’s ordering Ms. Thomas to surrender
voluntarily for the execution of her sentence, rather than its remanding her to the
custody of the United States Marshals Service, was warranted. Ms. Thomas
respectfully submits that those circumstances remain unchanged.
IV. Conclusion
Ms. Thomas, based on the foregoing assertions and argument, prays that
this Court extend her surrender date pending release from her current
hospitalization for a period of not less than fourteen (14) days.
Date: July 20, 2022
s/ Matthew Allen Chivari, Esq.
Matthew Allen Chivari, Esq.
Il. Bar # 6337524
mchivari@lowtherwalker.com
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Case 4:21-cr-00239-GKF Document 130 Filed in USDC ND/OK on 07/20/22 Page 3 of 11
Lowther | Walker LLC
101 Marietta St., NW, Ste. 3325
Atlanta, GA 30303
404.496.4052
www.lowtherwalker.com
Attorney for Aleta Necole Thomas
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Case 4:21-cr-00239-GKF Document 130 Filed in USDC ND/OK on 07/20/22 Page 4 of 11
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OKLAHOMA
TULSA DIVISION
UNITED STATES OF AMERICA )
)
v. ) 4:21-CR-00239-GKF-1
)
ALETA NECOLE THOMAS )
CERTIFICATE OF SERVICE
I certify that on July 20, 2022, I electronically filed the forgoing MOTION
TO EXTEND SELF-SURRENDER DATE with the Clerk of the United States
District Court for the Northern District of Oklahoma by way of the CM/ECF
system, which automatically will serve this document on the attorneys of record
for the parties in this case by electronic mail.
Date: July 20, 2022
s/ Matthew Allen Chivari, Esq.
Matthew Allen Chivari, Esq.
Il. Bar # 6337524
mchivari@lowtherwalker.com
Lowther | Walker LLC
101 Marietta St., NW, Ste. 3325
Atlanta, GA 30303
404.496.4052
www.lowtherwalker.com
Attorney for Aleta Necole Thomas
Page 4 of 4
Case 4:21-cr-00239-GKF Exhibit APage 5 of 11
Document 130 Filed in USDC ND/OK on 07/20/22
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Case 4:21-cr-00239-GKF Document 130 Filed in USDC ND/OK on 07/20/22 Page 8 of 11
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Case 4:21-cr-00239-GKF Document 130 Filed in USDC ND/OK on 07/20/22 Page 11 of 11
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