Motion to Withdraw Motion to Extend Self-Surrender Date — United States v. Aleta Necole Thomas

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Case 4:21-cr-00239-GKF     Document 138 Filed in USDC ND/OK on 07/27/22      Page 1 of 4




                  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 WITHDRAW
                 MOTION TO EXTEND SELF-SURRENDER DATE


  COMES NOW Defendant, Aleta Thomas, through her counsel, Matthew Allen

  Chivari, Esq., who respectfully requests this Court withdraw Ms. Thomas’

  previously submitted Motion to Extend Self-Surrender Date. Motion, ECF No.

  136.

  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.

         As a result of her hospitalization at Ascension St. John Medical Center on

  July 19, 2022, Ms. Thomas filed a Motion to Extend Self-Surrender Date (ECF No.




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Case 4:21-cr-00239-GKF    Document 138 Filed in USDC ND/OK on 07/27/22      Page 2 of 4




  130), which was denied by this Court on July 21, 2022 (Order, ECF No. 133). Ms.

  Thomas’ self-surrender date was then set for July 27, 2022. Id.

  II.   Factual Assertions

        On July 19, 2022, Ms. Thomas was admitted to Ascension St. John Medical

  Center in Tulsa, Oklahoma for acute neurological deficits/suspected stroke. After

  subsequent testing and treatment, Ms. Thomas was then admitted to Saint

  Francis Hospital on July 25, 2022. Upon request from counsel, Ms. Thomas

  provided documentation of her current medical and hospitalization status, which

  was attached to the Motion to Extend Self-Surrender Date (ECF No. 136) as

  Exhibit A.

        Upon further communication with Cheryl Lewis, RN, the author of the

  letter attached as Exhibit A, it was brought to the attention of undersigned

  counsel that while Ms. Lewis did draft and submit the letter to Ms. Thomas, it

  appears that the sentence indicating her diagnosis and the discharge date were

  added after Ms. Lewis submitted the left to Ms. Thomas.

        Undersigned counsel relied in good faith upon the authenticity of the letter

  attached as Exhibit A. Upon receipt of further information demonstrating that it

  was altered from the original provided by Ms. Lewis, undersigned counsel

  requests to withdraw the Motion to Extend Self-Surrender Date. ECF No. 136.

  V.    Conclusion



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Case 4:21-cr-00239-GKF   Document 138 Filed in USDC ND/OK on 07/27/22      Page 3 of 4




        Based on the foregoing assertions and argument, undersigned counsel

  requests to withdraw the Motion to Extend Self-Surrender Date. ECF No. 136.

        Date:       July 27, 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




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Case 4:21-cr-00239-GKF     Document 138 Filed in USDC ND/OK on 07/27/22         Page 4 of 4




                  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 27, 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 27, 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




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