Opinion
Case No. 1:04-CR-43 BSJ.
June 10, 2004
LARRY R. KELLER, COHNE, RAPPAPORT SEGAL, P.C., Attorney for Defendant Salt Lake City, Utah.
ORDER RELEASING DEFENDANT
The above-entitled matter came before the Court for hearing on Defendant's Motion to Release Defendant to Foothill Residential Treatment Facility in Provo (Spanish Fork), Utah, on Thursday, June 10, 2004 at 10:00 a.m. Defendant was present and represented by his attorney, Larry R. Keller, and the United States of America was represented by Assistant U.S. Attorney, Mark Vincent. Having considered the Defendant's motion and the stipulation of the United States of America, and good cause appearing,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:
1. Defendant shall be immediately released by this court and the U.S. Marshal's Office. The Court understands Defendant is presently in federal custody in Weber County, State of Utah. The U.S. Marshal's Office is ordered to facilitate the Defendant's immediate release from the Weber County Jail by working as much as possible with the Weber County Sheriff's Office or such other custodial authority in charge of the Weber County Jail.
2. Defendant shall report to the Foothill Inpatient Residential Treatment Facility, located at 3281 North Main Street, Spanish Fork, Utah, immediately upon his release. Defendant is to be transported to Spanish Fork, Utah, by one or both of his parents, Cecil and Thelma McIntosh. Defendant is to remain at the Inpatient Treatment Facility until such time as he is released by that facility. Defendant will obey and complete all requirements imposed by said treatment facility and shall be allowed to attend any off-site activities required by the treatment facility as part of the Inpatient Residential Treatment Program.
3. Defendant shall contact the U.S. Probation and Pretrial Services Office on a daily basis and shall obey any and all instructions and requirements of said Office. Said reporting requirement shall continue until further order of the court or as modified by U.S. Probation and Pretrial Services.
4. Upon his release from the Inpatient Residential Treatment Program, Defendant is ordered to reside with his parents, Cecil and Thelma McIntosh, at 275 North 980 East in Lindon Utah 84042, and is ordered to work with his father in the family carpet cleaning and flood restoration business. Defendant shall be on home confinement and shall not leave his home except to work or go to church activities, or activities as required by the Foothill Program. When Defendant leaves his home under these circumstances, he shall be accompanied by one or both of his parents.
5. Defendant is further ordered to continue in any outpatient program required by the Foothill Program.
6. Defendant shall not use, possess or in any way be associated with firearms; nor shall Defendant use, possess or in any way be associated with controlled substances. Defendant shall not associate with anyone who uses or possesses firearms and/or controlled substances.
7. Defendant shall be subject to random urinalysis for controlled substances at the request of the U.S. Probation and Pretrial Services Office.
8. Defendant is further ordered to obey all further conditions of release established by the U.S. Probation and Pretrial Services Office or this Court.