Opinion
Case No. 2:02-CR-005.
January 5, 2010
ORDER
This matter is before the Court on Defendant, Raymond Ellis's ("Ellis") Motion for Permission to Travel Outside of the District (Doc. 110). Ellis requests that this Court issue an order permanently permitting him to travel outside of the Southern District of Ohio to Dallas, Texas and Las Vegas, Nevada for the purpose of selling internet and wireless services.
Since his release by the Bureau of Prisons, Ellis has operated Just Wireless L.L.C. ("Just Wireless"), an Ohio limited liability corporation of which he is a member. Just Wireless is a distributor of wireless telecommunication services, including mobile internet and cellular phone services. Through his work with Just Wireless, Ellis met Mr. Byron Saunders ("Saunders"), who is a national account manager for Platinum Wireless Inc., a California corporation, and the Chief Executive Officer of Text My Cash, Inc. ("Text My Cash"), a Delaware limited liability company. Text My Cash, which distributes services similar to those of Just Wireless, is a party to a distribution agreement with Clear Wireless, L.L.C. ("Clear Wireless"). Under the distribution agreement, Text My Cash will sell Clear Wireless's 4G network technology, as an authorized dealer, in the Las Vegas, Nevada area.
Ellis's probation officer, Sharita Hill, has indicated, via the Government, her concerns about Ellis's motion. First, Ellis has not indicated to Ms. Hill what he intends to do with the Just Wireless store he operates in Columbus, Ohio; nor has Ellis provided sufficient financial documentation as to the store's viability. Second, Ms. Hill is concerned that without courtesy supervision from the United States Probation offices in Las Vegas, Nevada and Dallas, Texas, she would be forced to agree to what is essentially relocation by Ellis to one or both cities. The Government agrees with Ms. Hill's positions on Ellis's motion. Further, the Government is concerned that Ellis has not provided documentation supporting a basis for legitimate business travel to Dallas, Texas.
Before this Court will rule on whether Ellis will be permitted to travel outside of the Southern District of Ohio, it is hereby ORDERED that: (1) Ellis provide Ms. Hill with documentation as to the viability of the Just Wireless store in Columbus, Ohio; and (2) Ellis provide additional documentation supporting a basis for legitimate business travel to Dallas, Texas. Therefore, Ellis's motion is held in ABEYANCE.