Opinion
2:23-mj-00420-VCF
10-04-2023
UNITED STATES OF AMERICA, Plaintiff, v. JOHNNY CHEN, Defendant.
RENE L. VALLADARES FEDERAL PUBLIC DEFENDER BY ADEN KEBEDE ASSISTANT FEDERAL PUBLIC DEFENDER JASON M. FRIERSON UNITED STATES ATTORNEY BY KIMBERLY FRAYN ASSISTANT UNITED STATES ATTORNEY
RENE L. VALLADARES FEDERAL PUBLIC DEFENDER BY ADEN KEBEDE ASSISTANT FEDERAL PUBLIC DEFENDER
JASON M. FRIERSON UNITED STATES ATTORNEY BY KIMBERLY FRAYN ASSISTANT UNITED STATES ATTORNEY
SECOND STIPULATION TO MODIFY CONDITIONS OF PRETRIAL RELEASE
IT IS HEREBY STIPULATED AND AGREED, by and between Jason M. Frierson, United States Attorney, through Kimberly Frayn, Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, and Aden Kebede, Assistant Federal Public Defender, counsel for Johnny Chen, that this Court amend the conditions of Pretrial Release.
This Stipulation is entered into for the following reasons:
1. On May 31, 2023, the Defendant, Johnny Chen, appeared before Magistrate Judge Nancy J. Koppe for an initial appearance and bail hearing. He was released on his personal recognizance with pretrial supervision and several conditions.
2. One of those conditions required Mr. Chen to surrender his U.S. passport to U.S. Pretrial Services in Nevada and restrict his residence to California.
3. Mr. Chen current driver's license is a Pennsylvania license and is due to expire in January 2024. His California probation officer has advised that he needs update his current license to a California driver's license before the expiration date. In order to facilitate that, the California DMV office needs another form of identification. Mr. Chen does not have other forms of identification except his U.S. passport.
4. The parties have agreed to ask the Court to amend Mr. Chen's conditions to allow U.S. Pretrial Services in Nevada to release his U.S. passport to him via his probation officer in California. Mr. Chen will be ordered to pick up his passport from his pretrial officer in California after scheduling an appointment with the DMV and providing proof of the appointment to the pretrial officer.
5. After obtaining his new driver's license, Mr. Chen will be ordered to deliver his passport back to his California pretrial officer. Mr. Chen will have three days to return his passport to his California pretrial services officer from the time he picks it up from the pretrial services office.
6. U.S. Pretrial Services in Nevada does not oppose this request for modification.
7. The government and defense therefore jointly request to modify Mr. Chen's conditions to allow Pretrial Services to release his passport to him so he can update his driver's license.
ORDER
IT IS HEREBY ORDERED, that this Court amend Mr. Chen's pretrial release conditions to allow U.S. Pretrial Services in Nevada to release his U.S. passport to him via his probation officer in California. Mr. Chen is ordered to pick up his passport from his pretrial officer in California after scheduling an appointment with the DMV and providing proof of the appointment to the pretrial officer. After obtaining his new driver's license, Mr. Chen is ordered to deliver his passport back to the California pretrial officer. Mr. Chen will have three days to return his passport to his California pretrial services officer from the time he picks it up from the pretrial services office.