Opinion
No. 2:10-CR-0304 FCD
08-10-2011
UNITED STATES OF AMERICA, Plaintiff, v. MATTHEW MAYA, Defendant.
MICHAEL E. HANSEN Attorney for Defendant Matthew Maya CARL LARSON Attorney for Defendant Brandon Maya MICHAEL BECKWITH Assistant U.S. Attorney Attorney for Plaintiff
Michael E. Hansen
Attorney at Law, SBN 191737
Attorney for Defendant
MATTHEW MAYA
STIPULATION AND ORDER TO
MODIFY PRETRIAL RELEASE
CONDITIONS
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, Michael Beckwith, Assistant United States Attorney, attorney for plaintiff; Michael E. Hansen, attorney for defendant Matthew Maya; and Carl Larson, attorney for defendant Brandon Maya, that the pretrial release condition that the brothers Maya have no contact with each other be terminated.
Mr. Matthew Maya's condition at issue is this Court's order he not have any contact with his brother during the pendency of the case. At the time of the order, the Court indicated its concerns and ordered Mr. Maya to live with his grandmother in San Leandro, California. Brandon was released to live with their parents. Subsequently, with the approval of the pretrial services officer, Matthew moved into his uncle's house in Smartsville, California, where he currently resides. Smartsville is approximately 12 miles west of the residence of Matthew's parents.
Matthew is currently employed and was attending junior college at Yuba College in Marysville and is planning to attend Sierra College at the Grass Valley campus in the fall. The campus is 10 miles east of his parents' home. He has a job very near to his parents' house. At the moment, he must drive over 320 miles per week to attend work and school.
The burden Matthew endures is one that can be ameliorated by allowing him to live with his parents and continuing to allow Brandon to reside in the same house. Additionally, Brandon shares a car with his other family members in order to travel to and from his full-time job. Matthew is in the process of purchasing a car, which will help the family with its many travel needs. Living with his parents allows Matthew to focus more on his studies, spend significantly less time commuting and provide his family with another car.
The pretrial release conditions currently in place can be modified to allow Matthew to live at his parents' house in Penn Valley, but to continue to refrain from discussing the case with Brandon unless in the presence of defense counsel. The United States Attorney and the Pretrial Services Officers for Matthew and Brandon, as well as Brandon's attorney, have no opposition to the proposed change. Accordingly, Mr. Matthew Maya requests the Court modify his pretrial release conditions to allow him to live at the same residence as his brother. Specifically, Pretrial Services is recommending conditions 3 and 11 be modified as proposed in the attached Amended Conditions of Release for both Matthew and Brandon. All other conditions remain in effect.
Respectfully submitted,
MICHAEL E. HANSEN
Attorney for Defendant Matthew Maya
CARL LARSON
Attorney for Defendant Brandon Maya
MICHAEL BECKWITH
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
Good cause appearing therefor, IT IS SO ORDERED.
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE