USA v. SEALED

DEFENDANT MIRELLA CASTILLO’S RENEWED REQUEST FOR TRAVEL
AND SUBSISTENCE FUNDS; [PROPOSED] ORDER
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Serita Rios, SBN# 246568
Law Office of Serita Rios
1435 L Street
Fresno, CA 93721
Phone: (559) 224-1800
Fax: (559) 224-1806
E-mail: serita@seritarioslaw.com
Attorney for Defendant MIRELLA CASTILLO
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
THE UNITED STATES OF AMERICA,
Plaintiff,
vs.
MIRELLA CASTILLO,
Defendant.
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Case No. 1:24-CR-00128-JLT-SAB
DEFENDANT MIRELLA CASTILLO’S
RENEWED REQUEST FOR TRAVEL
AND SUBSISTENCE FUNDS; ORDER
Defendant MIRELLA CASTILLO respectfully renews her request for travel and
subsistence funds so that she may travel from Lancaster, California to Fresno,
California to attend her arraignment on the Superseding Indictment on October 14,
2026.
On September 4, 2026, the Court denied Ms. Castillo’s prior request for travel
and subsistence expenses without prejudice. ECF No. 493. The Court found that,
although Ms. Castillo had previously been determined indigent for purposes of
appointment of counsel, the prior request did not sufficiently establish that she was
financially unable to provide the transportation necessary to appear in Fresno. The
Court directed that any renewed request include, under penalty of perjury, a full
income analysis, including all income sources, third-party contributions,
Case 1:24-cr-00128-JLT-SAB Document 524 Filed 10/13/26 Page 1 of 4

DEFENDANT MIRELLA CASTILLO’S RENEWED REQUEST FOR TRAVEL
AND SUBSISTENCE FUNDS; [PROPOSED] ORDER
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governmental assistance, and detailed expenses. Id. at 2–3. The Court further
indicated that, if a renewed request is granted, travel expenses would be limited to a
round-trip train ticket and, if necessary, lodging at a hotel or motel of the type used
by the United States Attorney’s Office and/or Federal Defenders to lodge a witness. Id.
at 3. The Court reserved the issue of subsistence expenses. Id.
Ms. Castillo lives in Lancaster, California with her three minor children. She is
employed with the Los Angeles Dependency Lawyers as a peer advocate. In response
to the Court’s Order on September 4, 2026, Ms. Castillo submits the accompanying
declaration setting forth her current income, governmental assistance, third-party
contributions, monthly expenses, available funds and assets, and the circumstances
surrounding her previously authorized travel to Yuma, Arizona and Mexicali, Mexico.
As explained in her declaration, after payment of the necessary expenses
required to support herself and her three children, Ms. Castillo does not have
sufficient available funds to pay for the transportation necessary to travel from
Lancaster to Fresno for her required Court appearance and return home without
compromising funds needed for her family’s basic living expenses.
There is statutory authority for this Court to direct the United States Marshal to
provide Ms. Castillo the cost of travel to Fresno, California, so that she can attend her
Court hearing. 18 U.S.C. §4285. Accordingly, Ms. Castillo requests that the United
States Marshal provide her with train transportation costs and subsistence expenses
during that travel period, not to exceed the amount authorized as a per diem
allowance for travel under 5 U.S.C. §5702(a).
Several cases have held that §4285 does not obligate the U.S. Marshals Service
to pay an indigent defendant’s subsistence expenses – food and lodging – once the
defendant arrives and can attend Court. Of course, the defendant has a due process
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DEFENDANT MIRELLA CASTILLO’S RENEWED REQUEST FOR TRAVEL
AND SUBSISTENCE FUNDS; [PROPOSED] ORDER
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right to attend his court proceedings and cannot be forced to choose between
surrendering himself into custody or to go without food and lodging while attending
court. See, United States v. Badalamenti, 1986 WL 8309 (S.D.N.Y. Jul. 22, 1986). In
United States v. Mendoza, 734 F.Supp.2d 281, 286-87, (E.D.N.Y. 2010), the Court found
that the Criminal Justice Act, 18 U.S.C. §3006A, provided the appropriate funding
mechanism for a defendant’s lodging and subsistence expenses while he is away from
home for court proceedings and for the cost of return travel and subsistence.
Based on those precedents, Ms. Castillo requests funding as follows:
(1) From the United States Marshal for the cost of train transportation
to Fresno, California, so that she can attend court in Fresno on October
14, 2026, and subsistence during that travel, pursuant to 18 U.S.C.
§4285.
(2) From funds authorized under the Criminal Justice Act, 18 U.S.C.
§3006A, for Ms. Castillo’s subsistence expenses while she is in Fresno
on October 14, 2026, for court and for the cost of train transportation
for her travel home and subsistence during that travel.
(3) If required due to the hearing time and available train schedules, one
night of reasonable lodging in Fresno.
Undersigned counsel is informed and believes this Court is inclined to order
travel and subsistence funding as referenced in (1) - (3) above and to further authorize
undersigned counsel to advance the subsistence expenses specified in (2) above with
reimbursement to counsel from the Criminal Justice Act (CJA) funds ordered by the
Court. Counsel will seek reimbursement from CJA funds promptly once the
authorized travel is completed.
Dated: October 6, 2026
/s/ Serita Rios
Serita Rios
Attorney for Defendant
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DEFENDANT MIRELLA CASTILLO’S RENEWED REQUEST FOR TRAVEL
AND SUBSISTENCE FUNDS; [PROPOSED] ORDER
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ORDER
Pursuant to 18 U.S.C. §4285, the Court orders the U.S. Marshal to furnish Ms.
Castillo with the cost of train transportation from Lancaster, California to Fresno,
California, so that she may attend court on October 14, 2026. Additionally, the U.S.
Marshal shall provide Ms. Castillo with subsistence expenses for this travel period not
to exceed the amount authorized as per diem allowance under 5 U.S.C. §5702(a).
Pursuant to 18 U.S.C. §3006A, the Court orders the Federal Defender’s Office to
disburse Criminal Justice Act (CJA) funds for Ms. Castillo’s reasonable subsistence
expenses while she is in Fresno on October 14, 2026, for her court hearing, including
reasonable lodging for one overnight stay, if required due to the hearing time and
available train schedules. The Court further orders the disbursement of CJA funds for
Ms. Castillo’s return travel to Lancaster, California, on October 14, 2026, and
reasonable subsistence during that travel. To the extent practicable, the travel and
subsistence expenses shall not exceed the parameters set forth in the GSA federal
travel guidelines and the per diem allowance for travel in 5 U.S.C. §5702(a).
It is further ordered that defense counsel may advance the CJA-authorized
expenses, and that the Federal Defender’s Office shall reimburse counsel from CJA
funds. Counsel shall seek reimbursement promptly once the authorized travel is
completed. Counsel shall endeavor to limit the expenses to the parameters set forth in
the GSA federal travel guidelines and the per diem allowance for travel in 5 U.S.C.
§5702(a), however, counsel is not personally liable for excess expenses and shall be
reimbursed from CJA funds for all expenses reasonably authorized.
IT IS SO ORDERED.
Dated: October 13, 2026 /s/
UNITED STATES MAGISTRATE JUDGE
Case 1:24-cr-00128-JLT-SAB Document 524 Filed 10/13/26 Page 4 of 4