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					Case 1:08-cr-20612-PAS Document 288 Entered on FLSD Docket 05/08/2012 Page 1 of 6

                                                            UNITED STATES DISTRICT COURT
                                                            SOUTHERN DISTRICT OF FLORIDA
                                                                           MIAMI DIVISION

  UNITED STATES OF AMERICA
                                                                       CASE NO: 08-20612-CR
  v.

  TRAIAN BUJDUVEANU,

                       Defendant.

  _______________________________/

  MOTION FOR EARLY TERMINATION OF SUPERVISED RELEASE, RELIEF TO SEEK
  MEDICAL TREATMENT OUTSIDE THE UNITED STATES and RELIEF TO LIFT SELF
                      EMPLOYEMNT RESTRICTION

         COMES NOW, Defendant, Traian Bujduveanu (hereinafter referred to as

  “TRAIAN”), by and through his undersigned counsel, respectfully requests that this Honorable

  Court grant a Motion for Early Termination of Supervised Release, Relief to Seek Medical

  Treatment outside the United States and Relief to Lift Self Employment Restriction. As ground

  therefore, TRAIAN would state as follows:

  EARLY TERMINATION OF SUPERVISED RELEASE


         1. TRAIAN was arrested and charged with Conspiracy to violate the International

            Emergency Powers Act

         2. On June 2, 2009, this Honorable Court imposed a sentence of thirty six (36) months

            with the Federal Bureau of Prisoners followed by a period of three (3) years

            supervised release. TRAIAN was released from Federal Bureau of Prisons on

            January 3, 2011 and immediately commenced his term of supervised release.

         3. TRAIAN is scheduled to terminate his period of supervised release on January 3,

            2014. TRAJAN has already completed a term of supervised of fifteen (15) months


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           without any violations. He has satisfied all of his financial obligations and fines with

           supervised release.

        4. This Honorable Court under its authority can use its discretion under 18 USC 3583(e)

           and terminate the Defendant’s supervised release once a year of supervised release

           has been completed.

        5. The main concern regarding the Defendant’s supervised release is the necessity for

           medical treatment. There is an extensive record regarding TRAIAN’s medical history

           dating back to when he was first taken into custody and was noted in the Probation

           reports. TRAIAN has been suffering ill effects of Hepatitis C infection, Liver

           Cirrhosis, Diabetes, Trombosis, Ascites, Chrnoic Fatigue and Heart Problems. If not

           treated adequately, there is a possibility that TRAIAN may not live much longer.

        6. Due to the fact that TRAIAN is also requesting for relief for medical treatment and

           his treatment will be conducted outside the United States (if this Court grants his

           relief for Medical Treatment) for the reason that there is newer treatments which have

           not been approved by United States Food and Drug Administration (FDA), his

           extended stay outside the United States may cause for a violation of supervised

           release.

        7. For the reasons described above, TRAIAN is seeking relief of this Honorable Court

           to Early Terminate his Supervised Release.

        8. Defense Counsel has spoken with AUSA Karen Gilbert in regards to the relief to seek

           Early Termination of Supervised Release and the Government DOES have an

           objection due to the fact that TRAIAN is not currently at the midway point of his

           supervision.



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        9. Defense Counsel has attempted to contact the Probation Officer Bonita Holmes for

           their position on the various reliefs requested on this Motion but has been

           unsuccessful due to the fact that they are out on office between the dates of May 2,

           2012 to May 8, 2012.

        10. Nonetheless, it is fair to say that the United States Probation Office has stated in a

           letter dated January 18, 2012, that TRAIAN has placed in “low level supervision

           based on assessment and evaluation of [his] personality, positive characteristics, and

           strength [he] possess” Furthermore, the “United States Probation Office believes [he]

           pose[s] a very low risk of recidivism and danger to the community.”

  RELIEF TO SEEK MEDICAL TREATMENT OUTSIDE THE UNITED STATES

        1. TRAIAN has an extensive medical record suffering from a number of medical issues

           including but not limited to Hepatatis C, Liver Cirrhosis, and Diabetes. Due to the

           combination of all his medical issues, TRAIAN has been in and out of medical visits

           prior to, during and post his release of the Federal Bureau of Prisons.

        2. All records are available to the Court if required to be produced including those

           conducted while TRAIAN was in Bureau of Prisons and those conducted subsequent

           at Nova Southeastern University medical campus. Included within these reports are

           indications that TRAIAN has had extensive fatigue in the last five months and a loss

           of appetite. TRAIAN has suffered from extreme weight loss during this same time

           period.

        3. Subsequent to his visit at Nova Southeastern University, TRAIAN has found a new

           medical treatment consisting of stem cell. This new medication is being conducted in

           Kiev, Ukraine. TRAIAN is seeking this Honorable Court’s relief to seek medical

           treatment outside the United States for this fact.
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        4. Stem cell treatments are not currently being conducted in the United States. They

           have not been approved by the FDA and as such, treatment such as the one sought by

           TRAIAN are not provided in the United States. TRAIAN has been in

           communications with the EmCell clinic in Kiev, Ukraine and they have been open to

           conducting medical treatments on TRAIAN.

        5. The EmCell clinic is registered with the United States but cannot conduct its medical

           treatments inside the country due to the regulations with the FDA which have been

           under review for some time.

        6. Denying TRAIAN the opportunity to seek medical treatment of his choice is

           tantamount to restricting his ability to live.

        7. Defense Counsel has spoken with AUSA Karen Gilbert in regards to the relief to seek

           Medical Treatment outside the United States and the Government DOES NOT have

           an objection.

  RELIEF TO LIFT SELF EMPLOYMENT RESTRICTION

        1. TRAIAN has sought the relief of this Honorable Court to Lift Self Employment

           Restrictions. Although this Honorable Court has issued an Order [D.E. 283] which

           states, in part in its Order, that if the Defendant can provide the necessary information

           regarding legitimate self-employment to the satisfaction of the Probation Officer, this

           Honorable Court will consider lifting the Self Employment Restriction, it does not

           state what type of business TRAIAN can venture into.

        2. TRAIAN understands that the Order specifies that it must be a legitimate business

           but he does not wish to employ lots of time and effort considering his medical

           condition into a field to be later instructed that he cannot conduct business in that

           field. In doing so, TRAIAN seeks direction of this Honorable Court for direction into
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           what type of business he may or may not be able to conduct during his period of

           Supervised Release (in the event this Honorable Court does not Early Terminate his

           Supervised Release). The type of business which TRAIAN perceives going into is the

           Importatio and Exportation of Petroleum and Petroleum Drilling Equipment.

        3. Defense Counsel has spoken with AUSA Karen Gilbert in regards to the relief to Lift

           Self Employment Restrictions and based on our conversation, it is the Government’s

           position that TRAIAN should abide by the conditions by this Honorable Court in its

           Order.

        4. Defense Counsel has attempted to contact the Probation Officer Bonita Holmes for

           their position on the various reliefs requested on this Motion but has been

           unsuccessful due to the fact that they are out on office between the dates of May 2,

           2012 to May 8, 2012.


            WHEREFORE, TRAIAN seeks that this Honorable Court grant the Defense’s

        Motion for Early Termination of Supervised Release, Relief to Seek Medical Treatment

        outside the United States and Relief to Lift Self Employment Restriction, if this

        Honorable Court deems that such is necessary and just.




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                                CERTIFICATE OF SERVICE

         I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically

  noticed through the CM/ECF system to AUSA Karen Gilbert at the US Attorney’s Office on this

  3rd day of May, 2012.


                                            Respectfully submitted,

                                            /s/ Nayib Hassan
                                            _____________________________
                                            Nayib Hassan, Esq., Fla Bar No. 20949
                                            Attorney for Defendant
                                            LAW OFFICES OF NAYIB HASSAN, P.A.
                                            6175 NW 153 St., Suite 221
                                            Miami Lakes, Florida 33014
                                            Tel. No.: 305.403.7323
                                            Fax No.: 305.403.1522




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Description: United States of America v. Traian Bujduveanu