Opinion
2:15-cr-305-GMN-GWF-1
01-18-2023
UNITED STATES OF AMERICA Plaintiff, v. SALEUMKIAT KAYARATH, et al. Defendant.
SUSAN CUSHMAN, AUSA Attorney for Plaintiff UNITED STATES ATTORNEY Susan Cushman UNITED STATES ATTORNEY CHESNOFF & SCHONFELD Richard A. Schonfeld RICHARD A. SCHONFELD, ESQ. Attorney for Plaintiff Attorney for Defendant, Saleumkiat Kayarath
SUSAN CUSHMAN, AUSA
Attorney for Plaintiff
UNITED STATES ATTORNEY
Susan Cushman
UNITED STATES ATTORNEY
CHESNOFF & SCHONFELD
Richard A. Schonfeld
RICHARD A. SCHONFELD, ESQ.
Attorney for Plaintiff Attorney for Defendant, Saleumkiat Kayarath
STIPULATION TO MODIFY CONDITIONS OF RELEASE TO REMOVE ALCOHOL MONITORING
Gloria M. Navarro, District Judge
IT IS HEREBY STIPULATED AND AGREED, by and between the United States of America, by and through Assistant United States Attorney Susan Cushman, Esq., and Defendant, SALEUMKIAT KAYARATH, by and through his attorney Richard A. Schonfeld, Esq., that the condition of release requiring the Defendant to be monitored by an alcohol detection device be removed.
This Stipulation is entered into for the following reasons:
1. On March 3, 2022, Defendant appeared for his Initial Appearance related to a violation of his Supervised Release. At that time, the Court Ordered an additional condition of Mr. Kayarath's release to include alcohol monitoring;
2. On January 4, 2023, the Court held a status conference related to the revocation proceedings. The matter has been further set out to 6/14/23 for Mr. Kayarath's continued compliance with the conditions of his Supervised Release;
3. At the time of the hearing, the parties did not address the condition related to alcohol monitoring, which has been in place for over 10 months. Since then, the undersigned counsel has communicated with Probation Officer McCarroll and Assistant United States Attorney Susan Cushman and neither object to the removal of the condition of alcohol monitoring.
For the foregoing reasons, the parties stipulate to the removal of the condition over Mr. Kayarath that he be subject to alcohol monitoring.
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
Having considered the Stipulation of the Parties, and good cause being shown, the Court hereby finds and Orders as follows:
1. On March 3, 2022, Defendant appeared for his Initial Appearance related to a violation of his Supervised Release. At that time, the Court Ordered an additional condition of Mr. Kayarath's release to include alcohol monitoring;
2. On January 4, 2023, the Court held a status conference related to the revocation proceedings. The matter has been further set out to 6/14/23 for Mr. Kayarath's continued compliance with the conditions of his Supervised Release;
3. At the time of the hearing, the parties did not address the condition related to alcohol monitoring, which has been in place for over 10 months. Since then, the parties have communicated and there is no object to the removal of the condition of alcohol monitoring.
Accordingly, the Court hereby Orders that the conditions of Mr. Kayarath's release be modified so that he is no longer subject to alcohol monitoring.
ORDER
IT IS SO ORDERED.