Opinion
No. CR-05-126-RHW-18.
September 29, 2005
ORDER GRANTING IN PART DEFENDANT'S MOTION AND MODIFYING CONDITIONS OF RELEASE
At the September 28, 2005, hearing on Defendant's Motion to modify (Ct. Rec. 247), Defendant appeared with counsel Dennis Lewellen; Assistant U.S. Attorney Russell Smoot represented the United States.
The court, having considered the proffers of Defendant and Plaintiff, finds Defendant has been compliant with conditions of release.
The Defendant's Motion (Ct. Rec. 247, CR-05-126-RHW-18) is GRANTED in part. The Order Setting Conditions of Release is MODIFIED to the limited extent that Defendant shall no longer be subject to electronic monitoring. However, Defendant shall comply with a curfew of 7:00 p.m. to 7:00 a.m.
All other conditions of Judge Leavitt's Order filed February 22, 2005, remain and shall constitute the additional conditions of Defendant's release.
IT IS SO ORDERED.