U.S. v. MITCHELL, 2:12-CR-00401 KJM. (2013)
Court: District Court, E.D. California
Number: infdco20130312721
Visitors: 9
Filed: Mar. 11, 2013
Latest Update: Mar. 11, 2013
Summary: STIPULATION AND ORDER TO MODIFY PRETRIAL RELEASE CONDITIONS CAROLYN K. DELANEY, Magistrate Judge. IT IS HEREBY STIPULATED AND AGREED between plaintiff, United States of America, and defendant Albert Lee Mitchell, through their respective attorneys, that the release conditions imposed on Mr. Mitchell on November 5, 2012, may be modified as set forth below. Mr. Mitchell is self-employed, and the use of a computer is integral to his ability to run his business. This need is at odds with the typi
Summary: STIPULATION AND ORDER TO MODIFY PRETRIAL RELEASE CONDITIONS CAROLYN K. DELANEY, Magistrate Judge. IT IS HEREBY STIPULATED AND AGREED between plaintiff, United States of America, and defendant Albert Lee Mitchell, through their respective attorneys, that the release conditions imposed on Mr. Mitchell on November 5, 2012, may be modified as set forth below. Mr. Mitchell is self-employed, and the use of a computer is integral to his ability to run his business. This need is at odds with the typic..
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STIPULATION AND ORDER TO MODIFY PRETRIAL RELEASE CONDITIONS
CAROLYN K. DELANEY, Magistrate Judge.
IT IS HEREBY STIPULATED AND AGREED between plaintiff, United States of America, and defendant Albert Lee Mitchell, through their respective attorneys, that the release conditions imposed on Mr. Mitchell on November 5, 2012, may be modified as set forth below.
Mr. Mitchell is self-employed, and the use of a computer is integral to his ability to run his business. This need is at odds with the typical practice in cases such as this, which is to prohibit computer access. Pre-Trial Services and the parties have met and conferred and arrived at a mutually agreeable solution.
Accordingly, the parties and Pre-Trial Services agree that the following conditions may be modified as follows:
13. You are authorized to use the one (1) computer currently at your residence. You shall authorize pretrial services to install monitoring software on this computer. You shall not remove, tamper with, or in any way circumvent this software, and you are responsible to pay all costs of the monitoring software. You shall only use this computer for work-related purposes, as approved by your pretrial services officer.
14. You are authorized to access the Internet using the approved computer at your residence for work-related purposes only, as approved by pretrial services. However, one website that shall not be accessed for work purposes is craigslist.com. You shall not access your craigslist account and shall attempt to delete your craigslist account through a third party and provide pretrial services with verification. You are authorized to have a third party create a new separate craigslist account (not in your name) for the purpose of buying and selling your merchandise. You shall not access this third party account. Any emails from potential craigslist buyers or sellers will be forwarded to you by your third party. You may respond directly to these emails, without going through your third party. You are authorized to communicate via email for the purposes of contacting pretrial services and for purposes specifically related to your employment.
All other conditions shall remain in force.
Dated March 8, 2013 BENJAMIN B. WAGNER
United States Attorney
Dated March 8, 2013 /s/ M. Scoble for K. Reardon
___________________________
KYLE REARDON
Assistant U.S. Attorney
ORDER
The release conditions previously imposed on Mr. Mitchell are modified to add the following condition:
13. You are authorized to use the one (1) computer currently at your residence. You shall authorize pretrial services to install monitoring software on this computer. You shall not remove, tamper with, or in any way circumvent this software, and you are responsible to pay all costs of the monitoring software. You shall only use this computer for work-related purposes, as approved by your pretrial services officer.
14. You are authorized to access the Internet using the approved computer at your residence for work-related purposes only, as approved by pretrial services. However, one website that shall not be accessed for work purposes is craigslist.com. You shall not access your craigslist account and shall attempt to delete your craigslist account through a third party and provide pretrial services with verification. You are authorized to have a third party create a new separate craigslist account (not in your name) for the purpose of buying and selling your merchandise. You shall not access this third party account. Any emails from potential craigslist buyers or sellers will be forwarded to you by your third party. You may respond directly to these emails, without going through your third party. You are authorized to communicate via email for the purposes of contacting pretrial services and for purposes specifically related to your employment.
All other conditions remain in effect.
IT IS SO ORDERED.
Source: Leagle
