Opinion
2:21-cr-00109-JAM
06-11-2021
UNITED STATES OF AMERICA, Plaintiff, v. DIANA CERVANTES, Defendant.
PHILLIP A. TALBERT ACTING UNITED STATES ATTORNEY BY MICHAEL REDDING ASSISTANT UNITED STATES ATTORNEY JENNIFER MOUZIS ATTORNEY FOR DEFENDANT DIANA CERVANTES
PHILLIP A. TALBERT ACTING UNITED STATES ATTORNEY BY MICHAEL REDDING ASSISTANT UNITED STATES ATTORNEY
JENNIFER MOUZIS ATTORNEY FOR DEFENDANT DIANA CERVANTES
STIPULATION AND ORDER TO MODIFY SPECIAL CONDITIONS OF PRETRIAL RELEASE (ECF 12).
KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE
STIPULATION
Plaintiff, United States of America, by and through its counsel, Assistant United States Attorney Michael Redding, and defendant, Diana Cervantes, by and through her counsel, Jennifer Mouzis, agree to a modification of defendant, Diana Cervantes's Special Conditions of Release.
The Defendant's last appearance on this case was June 8, 2021, where Defendant appeared in court for a Detention Hearing (ECF 11). Defendant was ordered released (ECF 15) with Special Conditions of Pretrial Release (ECF 12).
Condition 9 of the Special Conditions of Release states, “You must not associate or have any contact with your co-defendants unless in the presence of counsel or otherwise approved in advance by the Pretrial Services Officer”. Defendant Diana Cervantes is married to co-defendant, Victor Manuel Velazquez, who is still in custody. Counsel, Jennifer Mouzis requested the condition be changed and counsel, Michael Redding agreed to a stipulation. U.S. Pretrial Services, Intensive Supervision Specialist Darryl Walker was consulted and suggested the following modification to Condition 9, “You must not associate or have any contact with your co-defendants, with the exception of your husband , unless in the presence of counsel or otherwise approved in advance by the Pretrial Services Officer. You must not speak about the current federal case with your husband, unless in the presence of counsel.”
All parties agree that it is in the best interest of the defendant that the aforementioned language replace the current language of Condition 9 of the Special Conditions of Release. Accordingly, the parties respectfully request the Court adopt this proposed stipulation.
IT IS SO STIPULATED.
ORDER
IT IS HEREBY ORDERED, the Court having received, read, and considered the parties' stipulation, and good cause appearing therefrom, adopts the parties' stipulation in its entirety as its order. Specifically, the Court orders that Defendant Diana Cervantes's Special Conditions of Release, Condition 9 be changed to say, “You must not associate or have any contact with your co-defendants, with the exception of your husband , unless in the presence of counsel or otherwise approved in advance by the Pretrial Services Officer. You must not speak about the current federal case with your husband, unless in the presence of counsel.”
IT IS SO ORDERED.