Court filing

Second 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 27, 2022 as Document 136. Brought under 18 U.S.C. § 3143(a)(1), it asks the court to put off the date on which the defendant must surrender to the Federal Bureau of Prisons, then set for July 27, 2022, by not less than fourteen days. It recites a sentence of thirty months' imprisonment imposed June 8, 2022 with surrender ordered for July 20, 2022 (ECF No. 113), and an earlier motion to extend (ECF No. 130) denied July 21, 2022 (ECF No. 133). It states that she was hospitalized on July 19, 2022 and admitted to a second hospital on July 25, 2022, as indicated by a letter attached as Exhibit A. It argues that the findings supporting her release under 18 U.S.C. § 3142(a)(1) are unchanged.

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No. 4:21-cr-00239-GKF · Doc. 136 · Docket on CourtListener

Full text

Case 4:21-cr-00239-GKF Document 136 Filed in USDC ND/OK on 07/27/22 Page 1 of 5

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 27, 2022) due to her continued

hospitalization at Saint Francis Hospital, 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.

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Case 4:21-cr-00239-GKF Document 136 Filed in USDC ND/OK on 07/27/22 Page 2 of 5

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.

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 for hemorraghic stroke and lupus seizures, as

indicated by the letter attached hereunto as Exhibit A.

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. Opposing Party’s Position

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Case 4:21-cr-00239-GKF Document 136 Filed in USDC ND/OK on 07/27/22 Page 3 of 5

The Government has not had an opportunity to convey their position on

this motion.

V. 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 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 136 Filed in USDC ND/OK on 07/27/22 Page 4 of 5

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.