Free Motion to Modify - District Court of Colorado - Colorado

Case 1:04-cr-00432-WYD

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Filed 08/08/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Criminal Case No. 04-cr-00432-WYD-01 UNITED STATES OF AMERICA, Plaintiff, v. 1. CINDY LYNN ATENCIO, Defendant.

NOTIFICATION OF STATUS AND MOTION FOR ORDER REGARDING FLIGHT RISK

Comes now the United States of America, by and through Troy A. Eid, United States Attorney and David M. Conner, Assistant United States Attorney, and formally informs the Court in this notification and motion the government avers as follows: 1. Ms. Atencio was originally prosecuted on charges related to bank robbery

with a defendant named Corky Nunez. 2. Ms. Atencio received a sentence requiring court supervision, i.e.,

supervised release. 3. A petition to revoke her supervised release is presently pending before

this court scheduled for hearing in September. Ms. Atencio was detained pending that hearing. 4. On August 7, 2008 government counsel was notified by the United States

Marshals Service that Ms. Atencio, while incarcerated in the Douglas County Jail, was

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found by jailers to be in need of immediate medical attention. Ms. Atencio was subsequently transported to Sky Ridge Medical Center in Douglas County, Colorado. 5. Information received from the Marshal's Service is that Ms. Atencio is in a

coma and the medical prognosis for recovery is not favorable. After being informed of the same by the United States Marshal's Service, counsel concurred with the Marshals Service that with respect to decisions to be made about Ms. Atencio's medical treatment or non-treatment should be made by members of her family as opposed to the United States Marshal's Service. Government counsel concurred in this analysis and, subsequently, has informed the Court of the foregoing and, likewise, informed counsel for Ms. Atencio, Ronald Gainor. 6. Because Ms. Atencio is presently detained but in a hospital or medical

facility, the Marshal's Service is presently obliged to place her under guard at all times. 7. Under these circumstances government counsel does not believe Ms.

Atencio to be a flight risk in any respect whatsoever and, thus, the government seeks an order modifying the detention order in this matter to allow the Marshal's Service to refrain from placing Ms. Atencio under guard so that she will not flee. Because she is non-ambulatory and her medical condition is, at best, grave, the government seeks an order from this Court permitting the Marshal's Service to refrain from staffing a guard on her person at this juncture. Should the need arise to reevaluate this issue, the government would bring this matter to the attention of the Court. WHEREFORE, the government hereby formally notifies the Court and counsel of Ms. Atencio's present medical status and requests a modification of the detention order

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in the above-captioned matter to permit Ms. Atencio to receive her medical attention in a hospital setting at the direction of her family without a member of law enforcement guarding her at all times.

Respectfully submitted, TROY A. EID United States Attorney

By: s/David M. Conner DAVID M. CONNER Assistant U.S. Attorney 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Fax: (303) 454-0403 E-mail: [email protected] Attorney for the Government

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CERTIFICATE OF SERVICE I hereby certify that on this 8th day of August, 2008, I electronically filed the foregoing NOTIFICATION OF STATUS AND MOTION FOR ORDER REGARDING FLIGHT RISK with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail address:

Ronald Gainor, Esq. [email protected]

s/Barbara Gardalen BARBARA GARDALEN Legal Assistant U.S. Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Fax: (303) 454-0403 [email protected]