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

Case 3:08-cr-02431-JLS

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Filed 08/28/2008

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1 WENDY S. GERBOTH Attorney At Law 2 California Bar No. 167687 964 Fifth Avenue, Suite 214 3 San Diego, California 92101 Telephone: (619) 699-5969 4 Facsimile: (619) 699-5967 [email protected] 5 Attorney for Defendant Mark William Rines 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. MARC WILLIAM RINES (3), Defendant. Plaintiff, UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE JANIS L. SAMMARTINO) UNITED STATES OF AMERICA, ) ) ) ) ) ) ) ) ) ) ) ) ) Criminal No. 08CR-2341-03-JLS

JOINT MOTION FOR MODIFICATION OF TERMS OF PRETRIAL RELEASE TO ALLOW TRAVEL TO MAINE

I. REQUEST FOR MODIFICATION IT IS HEREBY REQUESTED by the parties in this case, the defendant Marc William Rines, by and through his attorney, Wendy S. Gerboth, the plaintiff United State of America, by and through Assistant United States Attorney David D. Leshner that the terms of Mr. Rines pretrial release be modified to permit him to travel to the district of Maine for a period of up to 45 days, with dates and travel itinerary to be pre-approved by United States Pretrial Services, Officer Ryan Alejandria. It is further requested the terms of pretrial

release be modified to require Mr. Rines to report to a Pretrial 1 08-CR-2431-03-JLS

Case 3:08-cr-02431-JLS

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1 Services Officer in Maine while he is there, at the direction of 2 Officer Alejandria. Defense counsel has spoken with Pretrial Services

3 Officer Ryan Alejandria, and Pretrial Services Officer Lauren Davenport 4 (who is conducting courtesy supervision of Mr. Rines, who resides in 5 Oregon) and neither officer objects to the requested modification. 6 7 8 II. FACTUAL BACKGROUND On July 17, 2008 Judge Cathy Ann Bencivengo set conditions of

9 release for Mr. Rines to include a $300,000 personal appearance bond, 10 secured by real property. On July 24, 2008, Judge Bencinvengo held a

11 Nebbia hearing during which Mr. Rines' parents, Nancy and Bill Rines 12 appeared telephonically from Maine. The Court approved the sureties and 13 bond on that day. Also on that date Mr. Rines requested permission to Mr. Rines father is disabled in

14 travel to Maine to assist his parents.

15 a wheel chair, and Mr. Rines usually spends 30-60 days a year in Maine 16 assisting his family in performing maintenance and winterizing several 17 properties owned by his family. The Court did not approve the request

18 on that date, but instead asked the parties and pre-trial services to 19 consult and renew the request once Mr. Rines was on supervision. Mr. 20 Rines was released on July 25, 2008. Tomorrow, August 29, 2008 is his

21 first court date since his release, and by this joint motion he renews 22 his request to be permitted to travel to Maine. 23 Mr. Rines is being supervised by Pretrial services Officer However, because Mr. Rines resides in Portland

24 Ryan Alejandria.

25 Oregon, Officer Alejandria is being assisted by Pretrial Services 26 Officer Lauren Davenport in Oregon. Defense counsel has confirmed with 27 both Officer Alejandria and Officer Davenport that Pretrial Services 28 does not oppose this motion; Officer Alejandria just requested that a

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1 condition be added to require Mr. Rines to report, at his direction, to 2 Pretrial Services in Maine while he is in that district. 3 Defense counsel has spoken with Mr. Rines father Brian Rines

4 who has confirmed that Mr. Rines will be residing with he and Nancy 5 Rines at the address on file in the bond while Mr. Rines is in Maine. 6 7 8 III. CONCLUSION For the foregoing reasons the parties respectfully request

9 that Mr. Rines conditions of pretrial release as set forth above. 10 11 12 Dated: 13 14 Dated: 15 16 17 18 19 20 21 22 23 24 25
C:\Documents and Settings\WENDY\My Documents\Clients\Rines\Joint Motion for Modification of Bond.wpd

Respectfully submitted, /S/ Wendy S. Gerboth Wendy S. Gerboth Attorney for Marc William Rines /S/ David D. Leshner David D. Leshner Attorney for the United States of America

August 28, 2008

August 28, 2008

26 27 28

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Case 3:08-cr-02431-JLS

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1 2 3 4 5 6 7 8 UNITED STATES OF AMERICA, 9 Plaintiff, 10 v. 11 MARC WILLIAM RINES (3), 12 Defendant. 13 14 15 16 2. My business address is 964 Fifth Avenue, Suite 214, San Diego, California 17 18 19 20 21 22 23 24 25 26 27 28 /s/ Wendy S. Gerboth WENDY S. GERBOTH I certify under penalty of perjury that the foregoing is true and correct. Executed on August 28, 2008 at San Diego, California. David D. Leshner Timothy R. Garrison Stephen W. Peterson David H. Bartick Robert A. Garcia [email protected] [email protected], [email protected] [email protected] [email protected] 92101. 3. I caused service of the JOINT MOTION TO MODIFY CONDITIONS OF PRETRIAL RELEASE TO ALLOW TRAVEL TO MAINE on the following by electronically filing the foregoing with the Clerk of the District Court by using the ECF System, which electronically notifies the following individuals ) ) ) ) ) ) ) ) ) ) Criminal No. 08-CR-2431-03-JLS PROOF OF SERVICE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE JANIS L. SAMMARTINO)

I, WENDY S. GERBOTH, certify: 1. I am over eighteen years of age, a United States citizen, a resident of the County of San Diego, State of California. I am not a party to the above-titled action.