Free Motion for Bond - District Court of Colorado - Colorado

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

Document 1283

Filed 06/20/2007

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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. _____________________________________________________________________ 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 to allow travel to Post falls, Idaho, for business purposes. 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 the business reasons for allowing Defendant Smith to travel to Post Falls, Idaho, a short distance from his residence, and stating that she has no objection to the request for travel during his work hours. Assistant U.S. Attorney Matthew Kirsch has stated to the undersigned that the government objects to this request for modification based on the Court's ruling on bond pending sentencing, which stated in part "to the extent that Mr. Smith has been permitted interstate travel, that is revoked, annulled, and rescinded effective forthwith."

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

Document 1283

Filed 06/20/2007

Page 2 of 4

It is respectfully submitted that the close proximity of Post Falls, Idaho, to Spokane, Washington, and the condition as outlined in the Pretrial Services Officer's letter that Mr. Smith will still "give verbal notice with less than 7 days notice for travel", coupled with the fact that part of his existing business is in Post Falls and the Pretrial Service Officer has no objection, make this request reasonable as a modification to his release. Dated: June 20, 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 June 20, 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]

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

Document 1283

Filed 06/20/2007

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 303-455-4545 FAX: 303-458-6338 [email protected] Attorney for Defendant Michael Smith

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

Document 1283

Filed 06/20/2007

Page 4 of 4