Filed: Apr. 27, 2016
Latest Update: Apr. 27, 2016
Summary: AMENDED STIPULATION AND [PROPOSED] ORDER RE: MODIFICATION OF TERMS OF SUPERVISED RELEASE STIPULATION EDMUND F. BRENNAN , Magistrate Judge . STIPULATION Plaintiff, the United States of America, by its counsel, Assistant United States Attorney Christiaan H. Highsmith, United States Pre-Trial Service Officer Julia M. Morris, and defendant Farah Sarwar, by her attorney, Christopher Haydn-Myer, hereby jointly request and stipulate that this Court may sign the Proposed Order, ordering that Ms.
Summary: AMENDED STIPULATION AND [PROPOSED] ORDER RE: MODIFICATION OF TERMS OF SUPERVISED RELEASE STIPULATION EDMUND F. BRENNAN , Magistrate Judge . STIPULATION Plaintiff, the United States of America, by its counsel, Assistant United States Attorney Christiaan H. Highsmith, United States Pre-Trial Service Officer Julia M. Morris, and defendant Farah Sarwar, by her attorney, Christopher Haydn-Myer, hereby jointly request and stipulate that this Court may sign the Proposed Order, ordering that Ms. ..
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AMENDED STIPULATION AND [PROPOSED] ORDER RE: MODIFICATION OF TERMS OF SUPERVISED RELEASE STIPULATION
EDMUND F. BRENNAN, Magistrate Judge.
STIPULATION
Plaintiff, the United States of America, by its counsel, Assistant United States Attorney Christiaan H. Highsmith, United States Pre-Trial Service Officer Julia M. Morris, and defendant Farah Sarwar, by her attorney, Christopher Haydn-Myer, hereby jointly request and stipulate that this Court may sign the Proposed Order, ordering that Ms. Farah Sarwar abide by the proposed superseding conditions of pretrial release that are enumerated in this Stipulation.
This Stipulation and Proposed Order proposes to remove two of the eleven conditions that Ms. Sarwar was ordered to comply with on October 18, 2013 as part of her release from custody. First, condition #9 reads:
You shall submit to drug and/or alcohol testing as approved by the pretrial services officer. You shall pay all or part of the costs of the testing services based upon your ability to pay, as determined by the pretrial services officer;1
The parties are stipulating to the removal of condition #9 because Ms. Sarwar was arrested on charges stemming from the distribution of a controlled substance, and she has been under Pretrial Services supervision with a drug testing condition since October of 2013. Ms. Sarwar has never submitted a positive drug test while under supervision. Secondly, the parties are stipulating to remove condition #11.
Condition #11 reads:
You shall not associate or have any contact with [sic.]co-defendant, with the exception of contact regarding their mutual child. Or in the presence of counsel or otherwise approved in advance by the pretrial services officer.2
The co-defendant's name that is referenced in condition #11 is Hussain Shahzad, and Mr. Shahzad does not have the same restriction in his terms and conditions of release.3 Further, the circumstances are such that both Ms. Sarwar and Mr. Shahzad need to have more contact with each other for family matters.4
By granting this Stipulation and signing the Proposed Order, it is the parties' request that Defendant Farah Sarwar's previously imposed conditions of release ordered on October 18, 2013 be revoked and superseded by the following conditions of release:
1. You shall report to and comply with the rules and regulations of the Pretrial Services Agency;
2. You shall report in person to the Pretrial Services Agency on the first working day following your release from custody;
3. You shall cooperate in the collection of a DNA sample;
4. Your travel is restricted to the Eastern District of California unless otherwise approved in advance by the pretrial services officer;
5. You shall surrender your passport to the Clerk, U. S. District Court, and obtain no passport during the pendency of this case;
6. You shall not possess a firearm/ammunition, destructive device, or other dangerous weapon; additionally, you shall provide written proof of divestment of all firearms/ammunition currently under your control;
7. You shall seek and/or maintain employment and provide proof of same as requested by your pretrial services officer;
8. You shall 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 shall notify Pretrial Services immediately of any prescribed medication(s). However, medicinal marijuana, prescribed or not, may not be used;
9. You shall report any contact with law enforcement to your pretrial services officer within 24 hours.
IT IS SO STIPULATED.
ORDER
IT IS SO FOUND AND ORDERED.
