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

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

Document 1390

Filed 10/04/2007

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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. _____________________________________________________________________ SECOND MOTION TO MODIFY BOND PENDING SENTENCE _____________________________________________________________________ Defendant Michael Smith, through his court appointed attorney Richard N. Stuckey, respectfully moves this Court for an order modifying Defendant Smith's bond pending sentence by eliminating the condition of electronic monitoring.. Attached to this motion is a letter from U.S. Pretrial Services Officer Anne Sauther of the United States District Court for the Eastern District of Washington Probation Office, stating that Defendant Smith has been in total compliance with all conditions of release, stating that he is not a flight risk, and stating that she has no objection to the request to eliminate the electronic monitoring condition. Assistant U.S. Attorney Matthew Kirsch has stated to the undersigned that the government objects to this request for modification. Based on the position of the pretrial services office in Spokane, and based on Defendant Smith's faithful observance of all release conditions, it is respectfully

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

Document 1390

Filed 10/04/2007

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submitted that the request to eliminate the electronic monitoring condition is reasonable, and it is respectfully requested that this Motion be granted. Dated: October 4, 2007. Respectfully submitted, s/ Richard N. Stuckey Richard N. Stuckey Richard N. Stuckey, Attorney at Law, PC 2150 West 29th Ave. Suite 500 Denver, CO 80211-3890 303-455-4545 FAX: 303-458-6338 E-mail [email protected] Attorney for Defendant Michael Smith

CERTIFICATE OF SERVICE I hereby certify that on October 4, 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

Declan J. O'Donnell, Esq. [email protected] Paula M. Ray [email protected]

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

Document 1390

Filed 10/04/2007

Page 3 of 4

s/ Richard N. Stuckey Richard N. Stuckey Richard N. Stuckey, Attorney at Law, PC 2150 West 29th Ave. Suite 500 Denver, CO 80211-3890 Office: 303-455-4545 FAX: 303-458-6338 E-mail [email protected] Attorney for Defendant Michael Smith

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

Document 1390

Filed 10/04/2007

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