UNOPPOSED MOTION TO TEMPORARILY MODIFY CONDITIONS OF PRETRIAL RELEASE AND PROPOSED ORDER

CARL W. HOFFMAN, Magistrate Judge.

COMES NOW, JAMES A. ORONOZ, ESQ., counsel for CAROLYN WILLIS-CASEY, and hereby submits the following Unopposed Motion to Temporarily Modify Conditions of Pretrial Release. This Motion seeks a Court order authorizing pretrial services to temporarily return Ms. Willis-Casey's passport to her so that she may renew her passport and her Nevada driver's license.

STATEMENT OF FACTS

On May 20, 2014, the United States government filed a Third Superseding Indictment charging the Defendant, Carolyn Shelmadine Willis-Casey, along with several co-defendants, with Theft of Government Money, in violation of 18 U.S.C. § 641; False Citizenship Claim, in violation of 18 U.S.C. § 911; False Statement in Application for a Passport, in violation of 18 U.S.C. § 1542; Aggravated Identity Theft, in violation of 18 U.S.C. § 1028(a)(1); Conspiracy, in violation of 18 U.S.C. § 1349; and Mail Fraud, in violation of 18 U.S.C. § 1341.

Ms. Willis-Casey's role in the alleged conspiracy, at the outset, appears to have been relatively minor. On November 14, 2013, this Court issued an Order releasing Ms. Willis-Casey from pretrial detention on her own recognizance and setting several conditions of release. Included among those conditions were requirements that Ms. Willis-Casey surrender her legally obtained passport to pretrial services and that she obtain no other travel documents. She has complied with these conditions.

Ms. Willis-Casey, a legal resident of the United States, must renew her passport and her Nevada driver's license. An agent at the United States Customs and Immigration Services informed Ms. Willis-Casey that she must renew her passport and her Nevada driver's license every six (6) months because she has a criminal case pending in federal court. The respective processes of renewing her passport and her Nevada driver's license require that Ms. Willis-Casey present her passport in order to verify her lawful presence in the Unites States. Ms. Willis-Casey estimates that she will be able to complete both transactions in one (1) day.

On August 7, 2014, Ms. Willis-Casey filed an Unopposed Motion to obtain her passport (Doc. 305). The motion included a proposed order with a specific date (August 20, 2014) for Ms. Willis-Casey to obtain her passport. Because that date has expired without a ruling from the Court, Ms. Willis-Casey submits the instant request.

Ms. Willis-Casey now seeks an order from this honorable Court temporarily modifying her conditions of pretrial release and authorizing pretrial services to temporarily return her passport on for one (1) day, so that she may renew her passport and Nevada driver's license.

The Government, by and through U.S. Attorney J. Gregory Damm, does not oppose the instant request.

MEMORANDUM OF POINTS AND AUTHORITIES

A judicial officer may, at any time, amend an order setting conditions of release in order to impose different conditions. 18 U.S.C. § 3142(c)(3).

Here, Ms. Willis-Casey asks only that the conditions of her release be modified sufficiently to allow her to renew her passport and Nevada driver's license. As mentioned above, she has fully cooperated with the conditions of her pretrial release and there is no indication whatsoever that she is a danger to the community or that she represents a flight risk such that she should not be allowed to possess her passport for a brief, temporary period of time. Specifically, she requests that pretrial services release her passport for one day.

CONCLUSION

For the reasons stated above, Ms. Willis-Casey's, respectfully requests that the conditions of her pretrial release be modified such that she be allowed to possess her passport for one day in order to renew her passport and Nevada driver's license.

ORDER

IT IS HEREBY ORDERED that the conditions of Ms. Willis-Casey's pretrial release be modified so that she be allowed to obtain the passport from pretrial services for a period of one (1) day, for the purpose of renewing the passport and her Nevada driver's license.