Filed: Dec. 05, 2017
Latest Update: Dec. 05, 2017
Summary: STIPULATION AND [PROPOSED] ORDER REGARDING CONDITIONS OF PRETRIAL RELEASE CAROLYN K. DELANEY , Magistrate Judge . In the matter at bar Defendant seeks to alter the Court's previously issued Pretrial Release Order issued by the Hon. Allison Claire on February 24, 2017 and modified by the Hon. Edmund G Brennan by Stipulation and Order on June 9, 2017, thereafter further modified by the Hon. Debra Barnes by Stipulation and Order on August 17, 2017. I have spoken with Mr. Smallwood's Pretrial
Summary: STIPULATION AND [PROPOSED] ORDER REGARDING CONDITIONS OF PRETRIAL RELEASE CAROLYN K. DELANEY , Magistrate Judge . In the matter at bar Defendant seeks to alter the Court's previously issued Pretrial Release Order issued by the Hon. Allison Claire on February 24, 2017 and modified by the Hon. Edmund G Brennan by Stipulation and Order on June 9, 2017, thereafter further modified by the Hon. Debra Barnes by Stipulation and Order on August 17, 2017. I have spoken with Mr. Smallwood's Pretrial S..
More
STIPULATION AND [PROPOSED] ORDER REGARDING CONDITIONS OF PRETRIAL RELEASE
CAROLYN K. DELANEY, Magistrate Judge.
In the matter at bar Defendant seeks to alter the Court's previously issued Pretrial Release Order issued by the Hon. Allison Claire on February 24, 2017 and modified by the Hon. Edmund G Brennan by Stipulation and Order on June 9, 2017, thereafter further modified by the Hon. Debra Barnes by Stipulation and Order on August 17, 2017.
I have spoken with Mr. Smallwood's Pretrial Services Officer Mr. Renee Basurto and she has informed me that Mr. Smallwood has been in compliance with the terms of his release. Further, both she and AUSA Owen Roth agree that the order that Mr. Smallwood's requirement that he be subject to chemical testing for drugs and/or alcohol (Special Condition #8) be deleted so that Mr. Smallwood no longer be subject to chemical testing for drugs and/or alcohol. All other terms and conditions of Mr. Smallwood's pretrial release are to remain in effect.
All other orders to remain unchanged.
IT IS THERFORE STIPULATED:
Mr. Smallwood's Special Condition of Release #8 (Drug And/Or Alcohol Testing) be deleted and a new Third Amended Special Conditions of Release that reads as follows be substituted:
THIRD AMENDED SPECIAL CONDITIONS OF RELEASE
Re: Smallwood, John
No.: 2:17-CR-00041-2
Date: December 4, 2017
1. You must report to and comply with the rules and regulations of the Pretrial Services Agency;
2. You must reside at a location approved by the pretrial services officer and not change your residence without the prior approval of the pretrial services officer;
3. You must cooperate in the collection of a DNA sample;
4. You must restrict your travel to the Eastern District of California unless otherwise approved in advance by the pretrial services officer;
5. You must not obtain a passport or other travel documents during the pendency of this case;
6. You must not possess, have in your residence, or have access to a firearm/ammunition, destructive device, or other dangerous weapon; additionally, you must provide written proof of divestment of all firearms/ammunition currently under your control;
7. You must refrain from excessive use of alcohol or any use of a narcotic drug or other controlled substance without a prescription by a licensed medical practitioner; and you must notify Pretrial Services immediately of any prescribed medication(s). However, medicinal marijuana prescribed and/or recommended may not be used;
8. You must not associate or have any contact with the defendant named in case 2:17-MJ-0034-AC unless in the presence of counsel or otherwise approved in advance by the pretrial services officer; and,
9. You must report any contact with law enforcement to your pretrial services officer within 24 hours.
All other orders to remain unchanged.
Dated: December 4, 2017
BENJAMIN WAGNER
United States Attorney
_______/S/_________
Owen Roth
ASSISTANT UNITED STATES ATTORNEY
Dated: December 4, 2017
OLAF W. HEDBERG
______/S/__________
Olaf W. Hedberg
ATTORNEY FOR JOHN SMALLWOOD
IT IS SO ORDERED
Mr. Smallwood's Special Conditions of Release #12 & 13 (Location Monitoring and Curfew) be deleted and new Second Amended Special Conditions of Release that reads as follows be substituted:
THIRD AMENDED SPECIAL CONDITIONS OF RELEASE
Re: Smallwood, John
No.: 2:17-CR-00041-2
Date: December 4, 2017
1. You must report to and comply with the rules and regulations of the Pretrial Services Agency;
2. You must reside at a location approved by the pretrial services officer and not change your residence without the prior approval of the pretrial services officer;
3. You must cooperate in the collection of a DNA sample;
4. You must restrict your travel to the Eastern District of California unless otherwise approved in advance by the pretrial services officer;
5. You must not obtain a passport or other travel documents during the pendency of this case;
6. You must not possess, have in your residence, or have access to a firearm/ammunition, destructive device, or other dangerous weapon; additionally, you must provide written proof of divestment of all firearms/ammunition currently under your control;
7. You must refrain from excessive use of alcohol or any use of a narcotic drug or other controlled substance without a prescription by a licensed medical practitioner; and you must notify Pretrial Services immediately of any prescribed medication(s). However, medicinal marijuana prescribed and/or recommended may not be used;
8. You must not associate or have any contact with the defendant named in case 2:17-MJ-0034-AC unless in the presence of counsel or otherwise approved in advance by the pretrial services officer; and,
9. You must report any contact with law enforcement to your pretrial services officer within 24 hours.
All other orders to remain unchanged.
