Opinion
JAN DAVID KAROWSKY, Attorney at Law, A Professional Corporation, California State Bar Number 53854, Sacramento, CA, Attorney for Defendant.
STIPULATION AND PROPOSED ORDER TO MODIFY SPECIAL CONDITIONS OF PRETRIAL RELEASE (PROPOSED) ORDER TO MODIFY SPECIAL CONDITIONS OF RELEASE
KENDALL J. NEWMAN, Magistrate Judge.
On March 7, 2012, at the suggestion of the assigned Pre Trial Services officer, and with the agreement of defendant Kevin Webber and the government, the parties stipulated and agreed and U.S. Magistrate-Judge Edmond F. Brennan modified the "Special Conditions" of Defendant's release, to add the following conditions:
"1. You shall participate in a program of medical or psychiatric treatment, including treatment for drug or alcohol dependency, as approved by the pretrial services officer.
2. You shall refrain from the use of alcohol or any use of a narcotic drug or other controlled substance without a prescription by a licensed medical practitioner; and you shall notify Pretrial Services immediately of any prescribed medication(s). However, medicinal marijuana, prescribed or not, may not be used.
3. You shall submit to drug or alcohol testing as directed by the pretrial services officer." Subsequently, on December 17, 2013, counsel for defendant and the government received the following email from Pre Trial Services officer, Darryl Walker:
Hello Mr. Hitt and Mr. Karowsky,
This is regarding Mr. Webber's drug testing condition. Mr. Webber has been under supervision since February 2012. There are no indications Mr. Webber is using any illegal substances. It is this officer's opinion that his testing conditions can be terminated. If there are no objections from the government, Mr. Karowsky could you prepare a Stip & Order having this specific condition removed.
Thank you. If you have any questions or concerns, please let me know.
Darryl Walker
U.S. Pretrial Services Officer
Subsequently, Mr. Hitt informed counsel for defendant that he would stipulate to the removal of the drug testing condition for Mr. Webber.
THEREFORE, IT IS HEREBY STIPULATED AND AGREED that condition number 3 above, that Mr. Webber submit to drug or alcohol testing as directed by the pretrial services officer, should be removed from defendant Webber's special conditions of release.
IT IS SO STIPULATED.
PROPOSED ORDER TO MODIFY SPECIAL CONDITIONS OF RELEASE
GOOD CAUSE APPEARING, based on the Stipulation of the parties, IT IS HEREBY ORDERED that the following condition shall be removed from defendant Kevin Webber's Special Conditions of Release:
3. You shall submit to drug or alcohol testing as directed by the pretrial services officer.
IT IS SO ORDERED.