Free Ex Parte Document - District Court of Colorado - Colorado

Case 1:03-cr-00128-WYD

Document 300

Filed 03/12/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 1:03-cr-00128-WYD-01 UNITED STATES OF AMERICA, Plaintiff, v. 1. DANA WEST,

GOVERNMENT'S EX PARTE MOTION TO REVOKE DEFENDANT'S PRETRIAL RELEASE AND REQUEST FOR A WARRANT

The United States of America, by its undersigned counsel, moves the Court ex parte to revoke the defendant's pretrial release and to request an arrest warrant. As grounds therefore, the government states as follows: 1. By Order dated January 24, 2008, the Court ordered that the defendant be released and that he must comply with 18 conditions of release. [See Doc. # 281]. 2. By memorandum dated March 10, 2008, the Probation Office reported five apparent violations of the conditions of release by the defendant as detailed in the attached Memorandum from U.S. Probation Officer Jason Kemp. [See Exhibit A]. 3. Accordingly, the Probation Office has requested that a sealed arrest warrant be issued for the defendant and that the warrant remain sealed until executed. 4. Probation Officer Kemp advised undersigned counsel today of yet additional violations not detailed in Exhibit A. Officer Kemp reported that the defendant was

Case 1:03-cr-00128-WYD

Document 300

Filed 03/12/2008

Page 2 of 2

arrested by the Denver Police Department today on harassment charges and possession of marijuana. He was also kicked out of yet another local hotel for his conduct. This time he was excluded from the Residence Inn located in downtown Denver.

Based on the foregoing, the government respectfully requests that the defendant's pretrial release be revoked pursuant to 18 U.S.C. § 3148(b) and that a warrant be issued for his arrest. March 12, 2008 Respectfully submitted, TROY A. EID United States Attorney

s/ James O. Hearty By: JAMES O. HEARTY Assistant U.S. Attorney United States Attorney's Office 1225 17 TH Street, Suite 700 Denver, CO 80202 (303) 454-0100 Fax: (303) 454-0403 email: [email protected]