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

Case 1:04-cr-00103-REB-MEH

Document 1431

Filed 12/06/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn

Criminal Action No. 04-cr-00103-REB-6 UNITED STATES OF AMERICA, Plaintiff, v. 6. Michael Smith, Defendant. _____________________________________________________________________ THIRD MOTION FOR BOND MODIFICATION _____________________________________________________________________ Defendant Michael Smith, through his court appointed attorney Richard N. Stuckey, respectfully moves that the Court allow his bond to be modified so that he might travel at Christmas time from his home in Spokane, Washington, to Appleton, Wisconsin, to spend the holiday with Pastor Jan Frederickson and her family. Pastor Frederickson testified at trial as a character witness for Defendant Smith. She testified she has known him for years, and was and is somewhat of a surrogate mother. Her address is 2356 Block Road, Appleton, WI 54915. Defendant Smith would leave Spokane on or about December 21, 2007, and drive to Wisconsin by private vehicle. He would return to Spokane on or about January 2, 2008. United States Pretrial Services Officer Anne Sauther of the Probation Office of the Eastern District of Washington, Spokane, Washington, has stated to the undersigned that she is unable to take a position on this request while Defendant Smith

Case 1:04-cr-00103-REB-MEH

Document 1431

Filed 12/06/2007

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is still on electronic monitoring. She has stated that a trip such as the one proposed, not being court-related, cannot be supported by her office as long as Defendant Smith remains on electronic monitoring. She reminded the undersigned that she earlier wrote a letter dated October 3, 2007, stating she had no objection to removing electronic monitoring as a condition of Defendant Smith's release pending sentence (that letter is attached hereto again for reference; it was originally attached to defendant's Second Motion to Modify Bond Pending Sentence, Doc. No. 1390). Ms. Sauther finally stated that she still has no objection to removing the electronic monitoring condition, based on the same reasons she gave in the October letter, which would allow Mr. Smith to then travel to Wisconsin as requested, as far as her office is concerned. Such a trip would still require this Court's approval. Assistant U.S. Attorney Matthew Kirsch has stated to the undersigned that the government opposes this motion. WHEREFORE Defendant Smith, through counsel, respectfully moves again for a modification of his bond pending sentencing by removal of the electronic monitoring condition, and also moves for approval of the planned trip to Wisconsin for Christmas.

Dated: December 6, 2007.

Respectfully submitted,

s/ Richard N. Stuckey Richard N. Stuckey Richard N. Stuckey, Attorney at Law, PC 1801 Broadway, Suite 1100 Denver, CO 80202 Telephone: 303-292-0110 Fax: 303-292-0522 E-mail [email protected] Attorney for Defendant Michael Smith

Case 1:04-cr-00103-REB-MEH

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CERTIFICATE OF SERVICE I hereby certify that on December 6, 2007, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Matthew T. Kirsch, AUSA Wyatt Angelo, AUSA Peter Bornstein, Esq. [email protected]

[email protected] [email protected]

Thomas Hammond, Esq. [email protected] Thomas Goodreid, Esq. [email protected] Ron Gainor, Esq. gains_2000@hotmailcom

Paula M. Ray [email protected]

AND BY US MAIL TO: PO Anne Sauther United States Courthouse 920 West Riverside, Room 540 PO BOX 306 Spokane, WA 99210 s/ Richard N. Stuckey Richard N. Stuckey Richard N. Stuckey, Attorney at Law, PC 1801 Broadway, Suite 1100 Denver, CO 80202 Telephone: 303-292-0110 Fax: 303-292-0522 E-mai [email protected] Attorey for Defendant Michael Smith

Case 1:04-cr-00103-REB-MEH

Document 1431

Filed 12/06/2007

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