Opinion
No. 2:12-mj-348 CKD
02-01-2013
UNITED STATES OF AMERICA, Plaintiff, v. MATTHEW SEAN ROBERTS, Defendant.
JOSEPH SCHLESINGER Acting Federal Defender JEFFREY L. STANIELS Assistant Federal Defender Attorney for Defendant MATTHEW SEAN ROBERTS
JOSEPH SCHLESINGER, Bar# 87692
Acting Federal Defender
JEFFREY L. STANIELS, Bar #91413
Assistant Federal Defender
801 I Street, 3rd Floor
Sacramento, California 95814
Telephone: (916) 498-5700
Attorney for Defendant
MATTHEW SEAN ROBERTS
MOTION FOR BAIL REVIEW, TO SUSPEND
PRETRIAL RELEASE CONDITION
REQUIRING PARTICIPATION IN MORAL
RECONATION PROGRAM AND FOR STAY
PENDING RESOLUTION OF THIS MOTION;
PROPOSED ORDER
Date: FEBRUARY 4, 2013
Judge: Hon. Edmund F. Brennan
MATTHEW SEAN ROBERTS, by his attorneys, the Office of the Federal Defender, and Assistant Federal Defender, Jeffrey L. Staniels, hereby moves review of the terms of his pre-trial release, and specifically, for an order modifying the terms of his pretrial release suspending or temporarily staying the requirement that he participate in the Pretrial Services Moral Reconation Program and for a stay of the existing condition pending resolution of this Motion.
As grounds for this motion Mr. Roberts contends that the requirement is burdensome, at least in the short term, for two reasons, namely that it is a hardship to attend the sessions at the Courthouse in light of the fact that his automobile has been seized by the government leaving him without transportation and the fact that he is struggling to establish income producing employment providing computer and web-based services on a self-employed basis.
The court is advised that Mr. Staniels has conferred with government counsel, Assistant United States Attorney Matthew Segal, who has authorized me to inform the court that the government does not object to the requested stay pending resolution of this motion, and that it asserts no position on the merits of the request for relief.
Respectfully submitted,
JOSEPH SCHLESINGER
Acting Federal Defender
____________________________
JEFFREY L. STANIELS
Assistant Federal Defender
Attorney for Defendant
MATTHEW SEAN ROBERTS
ORDER
This motion is hereby ordered to be placed on this court's duty calendar for Monday, February 4, 2013, at 2:00 p.m. for hearing. The current condition of pretrial release is hereby STAYED pending this hearing and further order of the court.
IT IS SO ORDERED.
By the Court
____________________________
EDMUND F. BRENNAN
UNITED STATES MAGISTRATE JUDGE