Free Motion to Modify Conditions of Release - District Court of Arizona - Arizona

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Donald W. MacPherson The MacPherson Group, P.C. 7508 N. 59th Avenue Glendale, Arizona 85301 (623) 209-7003; fax 7008 Attorney for Defendant AZ Bar #005627

UNITED STATES DISTRICT COURT 7 DISTRICT OF ARIZONA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. ) ) Plaintiff, ) ) v. ) ) JOHN DELO NICHOLS, ) ) Defendant. ) ______________________________) UNITED STATES OF AMERICA, No. CR 04-350-001-PHX-PGR DEFENDANT'S UNOPPOSED MOTION FOR MODIFICATION OF RELEASE CONDITIONS (EXPEDITED RULING REQUESTED) AND FOR PERMISSION TO TRAVEL OUT OF STATE

It is respectfully submitted that excludable delay pursuant to 18 U.S.C. §3161(h)(1) will not occur as a result of this motion. Defendant, through counsel undersigned, respectfully requests that this court modify Defendant's release conditions and allow Defendant to travel out of state from February 2, 2006 through February 15, 2006. The reasons for this motion and request for

expedited ruling are as follows: 1. Defendant's son, Jeremy Nichols, lives in Virginia Beach, Virginia and has requested Defendant's presence at his

retirement from the Navy as Chief (12 years as reserve and 8 years active as shift chief of the nuclear ship U.S.

Eisenhower). Defendant's 86-year old mother, Velma Scott Meeley, lives in Claymont, Delaware, has sold her home and has asked

Defendant's assistance in cleaning, packing, and moving.

Case 2:04-cr-00350-PGR

Document 30

Filed 01/26/2006

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3.

Defendant would like to also visit his son, Jason Nichols, who resides in Kennett Square, Pennsylvania.

4.

Defendant wishes to be present at his son's Navy retirement, spend time with his family, and assist his mother as necessary with moving arrangements.

5.

Defendant would travel by plane on February 2, 2006 to Philadelphia, Pennsylvania and return to Phoenix February 15.

6.

Counsel contacted Pretrial Services Officer Gilbert Lara, who does not oppose this motion. Defendant will be providing, by

fax, his travel itinerary to Mr. Lara. 7. Counsel contacted AUSA Daniel Drake, and he has no objection to this motion. WHEREFORE, Defendant prays for an order of this court modifying Defendant's release conditions and granting his motion for

permission to travel out of state from February 2, 2006 through February 15, 2006. DATED this 26th day of January, 2006. /s/ Donald W. MacPherson The MacPherson Group, P.C. 7508 N. 59th Avenue Glendale, Arizona 85301 (623) 209-2003; fax 7008 Attorney for Defendant Copy of the foregoing by fax this 26th day of January, 2006, to: Daniel Drake Asst. U.S. Attorney 401 W. Washington Phoenix, AZ 85003 Ph. 602-514-7500; fax 7694
u:\deb\Nichols\MtnToTravel

Gilbert Lara Pretrial Services 401 W. Washington Phoenix, AZ 85003 ph. 602-322-7350; fax 7380

Case 2:04-cr-00350-PGR

Document 30

Filed 01/26/2006

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