Opinion
Case No. 2:12-cr-232-LDG-PAL
02-13-2013
UNITED STATES OF AMERICA, Plaintiff, v. LIZBETH PINEDA, Defendant.
VICTOR MANUEL TORRES Attorney for Defendant LIZBETH PINEDA
VICTOR MANUEL TORRES Attorney for Defendant LIZBETH PINEDA
MOTION TO MODIFY CONDITIONS
OF RELEASE AND PROPOSED ORDER
THEREON
(Expedited Treatment Requested)
Comes now, the defendant, LIZBETH PINEDA, by and through her counsel of record, Victor Manuel Torres, and files his Motion to Modify Conditions of Release to allow Ms. Pineda to travel to Lafayette, Indiana to visit her cousin beginning February 9, 2013, until February 23, 2013; Ms. Pineda will then travel to Clearwater, Florida to visit friends of her family and returning to Las Vegas on March 9, 2013.
The date currently set for her sentencing is March 5, 2013, but defense counsel is seeking to continue the hearing until March 19, 2013. This request is based upon the following points and authorities.
Respectfully submitted,
________________________
VICTOR MANUEL TORRES
Attorney for Ms. PINEDA
POINTS AND AUTHORITIES
The defendant, Lizbeth Pineda, initially appeared before the Court on June 11, 2012. Ms. Pineda was released from custody on her own recognizance with a condition, among others, that she not travel outside the District of Nevada.
Ms. Pineda spoke to her supervising U.S. Pretrial Services Officer Allison McCurty about travelling to visit her relatives and friends in Indiana and Florida. Ms. Pineda will be visiting Manuel Sanchez, who lives at 3211 Kingsmill Court, Lafayette, IN 47909 and his telephone number is (803)743-5473. She will then visit Diana Camarillo, who lives at 1280 Lakeview Road, Lot 123, Clearwater, FL 33756 and her telephone number is (727)709-0784.
Ms. McCurty has indicated to counsel that she is not opposed to this request. Ms. Pineda has maintained an excellent record of compliance with Pretrial Services and responsive to counsel and U.S. Probation at all times.
An exchange of e-mails between defense counsel Assistant U.S. Attorney Andrew Duncan concerning this request indicated Mr. Duncan does not oppose this request either.
CONCLUSION
For the foregoing reasons, the undersigned respectfully requests that this Court allow Ms. Pineda to travel to Indiana and Florida for the purpose of visiting family and friends before she is sentenced.
Respectfully submitted,
________________________
VICTOR MANUEL TORRES
Attorney for Ms. Pineda
UNITED STATES OF AMERICA, Plaintiff,
vs.
LIZBETH PINEDA, Defendant.
Case No. 2:12-cr-0232-LDG-PAL
ORDER TO MODIFY CONDITIONS OF
PRETRIAL RELEASE
The Court being advised in the defendant's motion of the reasons for the request and for good cause thereon appearing,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Motion to Modify Conditions of Pretrial Release to permit travel to Indiana and Florida from February 9, 2013 through March 9. 2013 is GRANTED.
________________________
UNITED STATES MAGISTRATE JUDGE
CERTIFICATE OF ELECTRONIC SERVICE
The undersigned hereby certifies that I am over the age of eighteen and competent to serve legal papers.
That on February 7, 2013, I served an n electronic copy of the foregoing MOTION TO MODIFY CONDITIONS OF PRETRIAL RELEASE AND PROPOSED ORDER THEREON (Expedited Treatment Requested) by electronic service (ECF) to the following persons: DANIEL G. BOGDEN
United States Attorney
ANDREW DUNCAN
Assistant U.S. Attorney
33 Las Vegas Boulevard So., 5th Fl.
Las Vegas, NV 89101
________________________
VICTOR MANUEL TORRES