Opinion
2:20-CR-77-WBS
06-11-2021
UNITED STATES OF AMERICA, Plaintiff, v. TIMOTHY MACKEY, Defendant.
HEATHER E. WILLIAMS, SBN 122664 Federal Defender MIA CRAGER, SBN 300172 CHRISTINA SINHA, SBN 278893 Assistant Federal Defenders Designated Counsel for Service Attorneys for Defendant TIMOTHY MACKEY
HEATHER E. WILLIAMS, SBN 122664
Federal Defender
MIA CRAGER, SBN 300172
CHRISTINA SINHA, SBN 278893
Assistant Federal Defenders
Designated Counsel for Service
Attorneys for Defendant TIMOTHY MACKEY
UNOPPOSED MOTION TO MODIFY CONDITIONS OF RELEASE AND ORDER
KENDALL J. NEWMAN, UNITED STATES MAGISTRATE JUDGE
Background
Mr. Mackey was released on Pretrial Supervision on June 1, 2020. By prior agreement of the parties, and with the concurrence of Pretrial Services, Magistrate Judge Allison Claire modified his conditions of release on April 23, 2021 to drop his drug testing condition (#10). The other conditions of release remain in effect. See Dkt. 52.
The conditions were also modified to add/substitute third party custodians. See Dkt. 83.
On June 9, 2021, the undersigned emailed U.S. Pretrial Services Officer Darryl Walker and AUSA Mira Chernick requesting their position on modifying Mr. Mackey's home confinement condition (#13). The reason for the request to modify this condition is that condition #13 currently prevents Mr. Mackey from working outside the home or attending in-person counseling. Officer Walker replied that
This is Mr. Mackey's current condition [#13]: HOME INCARCERATION You must remain inside your residence at all times except with a third-party custodian for medical emergencies; pre-approved substance abuse testing at a contracted program; pre-approved attorney visits or visits with staff on the legal team; court appearances/court ordered obligations; and, for one hour daily approved by your assigned pretrial services officers within the backyard area of your residence in the presence of at least one of your third party custodians;
He's been compliant for over a year. I have no objections to this condition being modified to: CURFEW: You must remain inside your residence every day from 6:00 PM to 6:00 AM , or as adjusted by the pretrial services officer for medical, religious services, employment or court-ordered obligations. When away from your residence, one of your custodians must be with you at all times.
The government does not oppose this motion.
Requested modification
The defense therefore requests that Special Condition 13 (Dkt. 52) be modified by replacing the current language with the following:
CURFEW: You must remain inside your residence every day from 6:00 PM to 6:00 AM , or as adjusted by the pretrial services officer for medical, religious services, employment or court-ordered obligations. When away from your residence, one of your custodians must be with you at all times.
ORDER
The Court, having received and considered the defendant's unopposed motion, finds good cause to modify the conditions of release. Condition number 13 of the Amended Special Conditions of Release (Dkt. 52) is hereby changed to a curfew condition with the following language:
CURFEW: You must remain inside your residence every day from 6:00 PM to 6:00 AM , or as adjusted by the pretrial services officer for medical, religious services, employment or court-ordered obligations. When away from your residence, one of your custodians must be with you at all times.
IT IS SO ORDERED.