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

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40 North Central Avenue Phoenix, Arizona 85004-4429 Facsimile No.: (602) 734-3949 Telephone: (602) 262-0222 [email protected] Frederick R. Petti (State Bar No. 011668) Attorneys for Defendant Gary Hirth

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff, vs. Gary Hirth, Defendant. ) ) ) ) ) ) ) ) ) )

No. CR-03-1280-PHX-RGS DEFENDANT HIRTH'S MOTION TO MODIFY CONDITIONS OF RELEASE

Defendant Hirth was sentenced by this Court on August 29, 2005, to a term of probation for 36 months. Pursuant to the Standard Conditions of Supervision adopted by the Court in General Order 04-11, the Court ordered that Mr. Hirth not leave the judicial district or other specified geographic areas without the permission of the Court or his Probation Officer. Mr. Hirth now seeks a clarification to that condition of supervision. When Mr. Hirth was released following his arraignment on January 14, 2004, he was permitted to travel to the states of California, Colorado, New Mexico and Utah without seeking prior permission of either Pretrial Services or the Court. Mr. Hirth was permitted to travel to these states in connection with his business activities. Mr. Hirth now asks this Court to allow him to travel to those same states, along with the state of Nevada, without seeking the prior permission of the Court or his Probation Officer. The undersigned counsel has spoken with the Assistant United States Attorney Peter Sexton, and Mr. Sexton does not object to Mr. Hirth's request.

Case 2:03-cr-01280-RGS

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Therefore, Mr. Hirth requests that the Court clarify his conditions of supervision to allow him to travel to the states of California, Colorado, New Mexico, Utah and Nevada without the prior permission of the Court or his Probation Officer. RESPECTFULLY SUBMITTED this 7th day of September, 2005. LEWIS AND ROCA LLP

By s/ Frederick R. Petti Frederick R. Petti Attorneys for Defendant Gary Hirth

Case 2:03-cr-01280-RGS

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Case 2:03-cr-01280-RGS

CERTIFICATE OF SERVICE I hereby certify that on this 7th day of September, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Peter Sexton [email protected]

I also certify that on this 7th day of September, 2005, I served the attached document by fax on the following: Ariel Palafox Probation Officer (602) 682-4333 FAX

s/ Sherry Samford

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