Opinion
4:06CR3145.
January 10, 2007
MEMORANDUM AND ORDER SEALED, E-GOVERNMENT ACT
Defendant has requested he be given permission to live with his parents in Jonestown, Mississippi. Pretrial Services has conducted an investigation of the proposal and recommends release. The defendant's mother has agreed in writing to serve as a third-party custodian.
IT THEREFORE HEREBY IS ORDERED,
The motion for change of residence, filing 25, is granted, and the defendant's conditions of release are amended as follows:
1. After resolution of all pending charges against Defendant in the courts of Nebraska, Defendant is given permission to reside with his parents in Jonestown, Mississippi. He shall not leave the county of such residence without the prior permission of the supervising pretrial services officer or the court. In the event defendant's temporary residence in Nebraska is required to resolve pending charges, defendant shall temporarily reside in a place as approved or directed by the pretrial services officer. Paragraph 7(i) of the original order of release, filing 13, is amended accordingly.
2. Defendant is placed in the third-party custodianship of his mother, Elnora Wiley, who agrees to abide by all pertinent obligations in accordance with the attached agreement.
3. Paragraph 7(e) is amended to require defendant to obtain full-time, verifiable employment or engage in a full-time educational program, or some combination of them, within ten days of his arrival in Jonestown, Mississippi, as directed by the supervising officer.
4. Paragraph 7(m) of the original order, filing 13, is removed and withdrawn.
5. All other provisions of the original order of release, filing 13, remain in effect.
6. The clerk is directed to provide copies of this order to plaintiff's counsel, defendant's counsel, Pretrial Services, and the United States Marshal.
ADDITIONAL CONDITIONS OF RELEASE
Upon finding that release by one of the above methods will not by itself reasonably assure the appearance of the defendant and the safety of other persons and the community, it is FURTHER ORDERED that the release of the defendant is subject to the conditions marked below:
() (6) The defendant is placed in the custody of: ____________________ (Name of person or organization) __________ (Address) __________ (City and State) (Telephone) who agrees (a) to supervise the defendant in accordance with all conditions of release, (b) to use every effort to assure the appearance of the defendant at all scheduled court proceedings, and (c) to notify the court immediately in the event the defendant violates any conditions of release or disappears. Not leave 21 U.S.C. § 802 Signed __________ ______ Custodian or Proxy Date (X) (7) The defendant shall: (X) (a) Truthfully report to the United States Pretrial Services Agency as directed [telephone no. (402) 437-5795]. () (b) Execute a bond or agreement to forfeit upon failing to appear as required or failing to abide by any of the conditions of this order, the following sum of money or designated property: () (c) Post with the court the following indicia of ownership of the above-described property, or the following amount or percentage of the above described: money. () (d) Execute a bail bond with solvent sureties in the amount of $ __________ (X) (e) Maintain full-time, verifiable employment, or obtain such employment within ten days. () (f) Maintain or commence an educational program. (X) (g) Surrender any passport to: U.S. Marshal or Pretrial Services, as directed. (X) (h) Obtain no passport. (X) (i) Abide by the following restrictions on personal associations, place of abode, or travel: __________ County without prior approval of pretrial services officer or the court. (X) (j) Avoid all contact, directly or indirectly, with any persons, who are or who may become a victim or potential witness in the subject investigation or prosecution, including but not limited to: ______________________________ () (k) Undergo medical or psychiatric treatment and/or remain in an institution, as follows: ______________________________ The treatment shall be at the defendant's expense. () (I) Return to custody each (week)day as of _____ o'clock after being released each (week)day as of _____ o'clock for employment, schooling or the following limited purpose(s): _____ () (m) Reside at __________ at all times. The defendant shall abide by all of the rules of said facility. In the event that the defendant is discharged from the facility for any reason whatsoever or leaves the premises of the facility without authorization, the United States Marshal, and/or any Special Agent of the FBI and/or any law enforcement agency is ordered to take the defendant into custody and detain the defendant pending a prompt hearing before the court to review the conditions of this release. (X) (n) Refrain from possessing a firearm, destructive device, or other dangerous weapon. (X) (o) Refrain from any possession or use of alcohol. (X) (p) Refrain from use or unlawful possession of a narcotic drug or other controlled substances defined in unless prescribed by a licensed medical practitioner. (X) (q) Submit to any method of testing required by the Pretrial Services office or the supervising officer for determining whether the defendant is using a prohibited substance. Such methods may be used with random frequency and include urine testing, the wearing of a sweat patch, a remote alcohol testing system, and/or any form of prohibited substance screening or testing. All collections of fluids for testing shall be at the defendant's expense, payable at the time of collection. (X) (r) Obtain a substance abuse treatment evaluation within _____ days, and or participate in a program of inpatient or outpatient substance abuse therapy and counseling if deemed advisable by the Pretrial Services office or supervising officer. Copies of the evaluator's report and recommendations shall be given to counsel for the government, defense counsel, and the court. Defendant shall pay all or a portion of the treatment in an amount and on a schedule to be arranged by pretrial services.