Opinion
2:20-cr-00195 MCE
09-09-2021
UNITED STATES OF AMERICA, Plaintiff, v. BRETT ANDERSON, Defendant.
HEATHER E. WILLIAMS, #122664 Federal Defender HANNAH R. LABAREE, #294338 Assistant Federal Defender Attorney for Defendant BRETT ANDERSON
HEATHER E. WILLIAMS, #122664 Federal Defender
HANNAH R. LABAREE, #294338 Assistant Federal Defender
Attorney for Defendant BRETT ANDERSON
ORDER
ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE
The defendant, BRETT ANDERSON, has been on pretrial release since November 23, 2019. CR 7, 10, 11. He has cosigned a $50,000 unsecured bond along with his wife Heather Anderson. CR 11. Mr. Anderson resides with his wife and child in Rocklin, California.
On December 17, 2020, Mr. Anderson pled guilty to a violation of 18 U.S.C. § 2252a1. CR 16. He is scheduled for Judgment and Sentencing on November 18, 2021. CR 42.
I. Unopposed Request for Modification of Home Detention Condition
Mr. Anderson, through his Assistant Federal Defender, Hannah R. Labaree, hereby moves for his Pretrial conditions of release to be amended as to condition No. 14 home detention CR 13. All other conditions are to remain in full force and effect.
Condition 14 currently imposes on Mr. Anderson a condition of home detention, to be enforced by location monitoring per Condition 13. Mr. Anderson requests that special condition 14 be amended such that he be subject to a curfew of 9 P.M. to 7 A.M.
II. Unopposed Request for Modification f Release to Permit Mr. Anderson to be Present at the Birth of his Child
Mr. Anderson's wife is expected to deliver their second baby in early October. In light of the unpredictability of labor and the potential need for Mr. Anderson to be present at the hospital during hours not within his curfew which may include overnight and possibly multiple days, he seeks the approval of this Court so that the Pretrial Services Officer may use his discretion to temporarily lift the curfew and location monitoring conditions at the appropriate time.
Specifically, Mr. Anderson seeks this Court's approval to allow Conditions 14 and 15 to be lifted while he is at the hospital at the time his wife is in labor. Pretrial Services will remain in telephonic contact with him and will randomly call him at the hospital to assure that he is in compliance with the directives of the pretrial services officer and all pretrial conditions. If granted, the Pretrial Services Officer may impose any reasonable conditions to accommodate this exception to Mr. Howard's conditions. Upon discharge from the hospital of Mr. Anderson's wife and baby, the current conditions of release will take immediate effect.
III. Conclusion
On September 8, 2021, Mr. Anderson's Pretrial Services Officer indicated that he is in compliance with his conditions of release. Pretrial Services is not opposed to the amendment of Condition 14. Based on the position of Pretrial Services, the Assistant United States Attorney has no objection to the above requests.
ORDER
GOOD CAUSE HAVING BEEN SHOWN, IT IS HEREBY ORDERED THAT Special Condition of Release Number 14 for Brett Anderson, placing him on home detention, be amended to impose a curfew from 9:00 PM to 7:00 AM All other conditions of pretrial release shall remain in force, including the enforcement of the curfew by ankle monitor (Condition 13).
IT IS FURTHER ORDERED THAT
1. The conditions of release are hereby amended so that the Pretrial Services officer may allow Mr. Anderson to attend the birth of his child.
2. The Pretrial Services officer has the discretion to impose any reasonable conditions for the time period of Mr. Anderson's attendance of the birth of his child
3. Once Mr. Anderson's wife and baby are discharged from the hospital all previously imposed conditions shall remain in effect.