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

Case 1:04-cr-00103-REB

Document 736

Filed 05/05/2006

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

Case Number: 04-cr-00103-REB

UNITED STATES OF AMERICA, Plaintiff, v.

4. CHARLES FRANKLIN LEWIS, Defendant.

DEFENDANT CHARLES FRANKLIN LEWIS' SECOND MOTION TO MODIFY CONDITIONS OF PRETRIAL RELEASE ________________________________________________________________________

Comes now the Defendant, Charles Franklin Lewis, through his undersigned counsel, Ronald Gainor, who files this Second Motion to Modify Conditions of Pretrial release, in support, would allege the following: 1. On March 10, 2004, Federal Grand Jury sitting in the District of Colorado

returned an Indictment against the Defendant Charles Franklin Lewis and six others charging them with conspiracy to commit mail, wire and securities fraud in violation of Title 18 U.S.C. section 371; mail fraud in violation of Title 18 U.S.C Sections 1341 and 2; wire fraud in violation of Title 18 U.S.C. Sections 1343 and 2; securities fraud in violation of Title 15 U.S.C. Sections 77q(a) and 18 U.S.C. Section 2 and money laundering in violation of Title U.S.C. 1956(a)(1)(B)(i) and 2.

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2. Subsequent to this date, two Superseding Indictments were filed in this case adding specific sentencing allegations and later, new substantive allegations against all defendants. 3. On March 24, 2004, the Defendant Charles Franklin Lewis was denied bond after a lengthy detention hearing before the Honorable Patricia Coan. 4. On January 3, 2006, Mr. Lewis was ordered released on a $45,000 property bond and instructed to reside at a halfway house on a 24 hour lockdown. Specifically, the defendant was not allowed to be employed or have any passes from the facility with exceptions allowed for court appearances, meetings with counsel and health care professionals as reasonably required. 5. As of this date, Mr. Lewis has been at Independence House, located on South Federal Highway in Denver, for a period of 4 months. During that time, he has faithfully complied with all the terms and conditions of his bond and remains in good standing at the facility. 6. Based on his record of full compliance at Independence House, the defendant

now requests that this Honorable Court modify his terms of pretrial release allowing for a lifting of the 24 hour lockdown hold, permission to be employed on a part-time basis and passes to visit his daughter, Lori Lewis, who resides at 12093 West Cross Drive, Littleton, CO 80127. 7. United States Probation Officer Gary L. Burney (303)335-2432 has no objection

to the relief requested in this motion. 8. Assistant United States Attorney Matthew Kirsch would object to the relief

sought in this motion.

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Wherefore, based on the above and foregoing, undersigned counsel for the defendant, Charles Franklin Lewis, respectfully requests that this Honorable Court grant the instant Motion to Modify Conditions of Pretrial Release and specifically remove that condition requiring a 24 hour lockdown at the halfway house, allow the defendant to seek and maintain part-time employment and allow him periodic passes from the facility to visit his daughter, Lori Lewis who resides in Littleton, Colorado.

Dated this 5th day of May, 2006

Respectfully submitted, s/ Ronald Gainor RONALD GAINOR 6414 Fairways Drive Longmont, CO 80503 (303) 448-9646(phone) (303) 447-0930 (Facsimile) [email protected] Attorney for Charles Lewis

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CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that I have electronically filed the foregoing Second Motion to Modify Conditions of Pretrial Release on this 5rd day of May, 2006 with the Clerk of the Court using the ECF system which will send notification of such filing to the following e-mail addresses:

Matthew Kirsch [email protected] Peter Bornstein [email protected] Thomas Hammond [email protected] Thomas Goodreid [email protected] Daniel Smith [email protected] Declan O'Donnell [email protected] Paul Daiker [email protected]

s/ Ronald Gainor

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