Free Ex Parte Document - District Court of Colorado - Colorado

Case 1:03-cr-00128-WYD

Document 262

Filed 11/01/2007

Page 1 of 2

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 request a warrant. As grounds therefore, the government states as follows: 1. By Order dated June 26, 2007, the Court ordered that the defendant be released and that he must comply with the previously imposed conditions of release which included electronic home monitoring. [See Doc. # 247]. 2. On October 27, 2007, the defendant removed the electronic transmitter that U.S. Probation Officers had placed on him for the purposes of electronic home monitoring. See Memorandum from Senior Probation Officer Rod Waldo attached hereto as Exhibit A. When Probation Officers responded to the defendant's residence, the defendant refused to allow the electronic home monitoring transmitter to be reattached. Id. 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.

Case 1:03-cr-00128-WYD

Document 262

Filed 11/01/2007

Page 2 of 2

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.

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 17TH Street, Suite 700 Denver, CO 80202 (303) 454-0100 Fax: (303) 454-0403 email: [email protected]