Opinion
2:21-cr-00219-APG-DJA
02-27-2023
UNITED STATES OF AMERICA, Plaintiff, v. JOSHUA A. MARTINEZ, Defendant.
RENE L. VALLADARES Federal Public Defender Nevada State Bar No. 11479 JOANNE L. DIAMOND Assistant Federal Public Defender Attorney for Joshua A. Martinez JASON M. FRIERSON United States Attorney DANIEL SCHIESS Assistant United States Attorney
RENE L. VALLADARES
Federal Public Defender
Nevada State Bar No. 11479
JOANNE L. DIAMOND
Assistant Federal Public Defender
Attorney for Joshua A. Martinez
JASON M. FRIERSON United States Attorney
DANIEL SCHIESS Assistant United States Attorney
STIPULATION TO MODIFY CONDITIONS OF RELEASE
IT IS HEREBY STIPULATED AND AGREED, by and between Daniel Schiess, Assistant United States Attorney, counsel for the United States of America, and Joanne L. Diamond, Assistant Federal Public Defender, counsel for Joshua Martinez, that the Court modify his conditions of release.
The Stipulation is entered into for the following reasons:
1. On September 10, 2021, the Court ordered Mr. Martinez's release on a personal recognizance bond with certain conditions, including (1) a requirement to submit to a mental health evaluation, and participate in mental health treatment, as directed by pretrial services, ECF No. 13 at 4; and (2) a travel restriction allowing him to travel only within a six-mile radius of his home for the purposes that he is allowed out of his residence, ECF No. 13 at 6.
2. This Court previously approved the parties' stipulation allowing Mr. Martinez to attend appointments with a mental health provider in Overton, Nevada, which is outside the six-mile approved radius of travel from his home. ECF No. 21. That mental health provider recently left the area. Mr. Martinez has found a new provider in Mesquite, Nevada, which is also outside the six-mile approved radius of travel.
3. Mr. Martinez therefore moves the Court to modify his bond conditions to permit him to travel to Mesquite, Nevada, with the prior permission of Pretrial Services.
4. Counsel has spoken with Pretrial Services concerning this issue. Pretrial Services support the requested modification.
5. The government has no objection to the requested modification.
ORDER
IT IS THEREFORE ORDERED that Mr. Martinez's conditions of release be modified to allow him to travel to Mesquite, Nevada, with the prior permission of Pretrial Services.