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U.S. v. Salazar-Sarmienta, 1:18-cr-00131-LJO-SKO. (2018)

Court: District Court, E.D. California Number: infdco20180716737 Visitors: 2
Filed: Jul. 13, 2018
Latest Update: Jul. 13, 2018
Summary: STIPULATION TO MODIFY CONDITIONS OF RELEASE; ORDER STANLEY A. BOONE , Magistrate Judge . IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel, Assistant United States Attorney Michael G. Tierney, counsel for plaintiff, and Assistant Federal Defender Erin Snider, counsel for defendant Uriel Ernesto Salazar-Sarmienta, that Mr. Salazar-Sarmienta's conditions of release be temporarily modified to permit Mr. Salazar-Sarmienta to leave his residence from noon to
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STIPULATION TO MODIFY CONDITIONS OF RELEASE; ORDER

IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel, Assistant United States Attorney Michael G. Tierney, counsel for plaintiff, and Assistant Federal Defender Erin Snider, counsel for defendant Uriel Ernesto Salazar-Sarmienta, that Mr. Salazar-Sarmienta's conditions of release be temporarily modified to permit Mr. Salazar-Sarmienta to leave his residence from noon to 4:00 p.m. each day from July 23, 2018, to July 29, 2018, to allow him to prepare for and move to a new residence. In addition, the parties stipulate that Mr. Salazar-Sarmienta's conditions of release be modified to permit Mr. Salazar-Sarmienta to leave his residence from 1:00 p.m. to 4:00 p.m. on July 22, 2018, to allow him to attend a celebration following his daughter's christening. The defense has also contacted Pretrial Services, who has no objection to this request.

Pursuant to the Order Setting Conditions of Release, Mr. Salazar-Sarmienta is subject to home detention, which requires him to remain inside his residence "at all times except for employment; education; religious services, medical, substance abuse, or mental health treatment; attorney visits; court appearances; court-ordered obligations; or other activities pre-approved by the PSO." Docket No. 10 at 2.

Mr. Salazar-Sarmienta requests that the Court temporarily modify the home detention condition to permit him to leave his residence from noon to 4:00 p.m. each day from July 23, 2018, to July 29, 2018. Mr. Salazar-Sarmienta and his wife, Audrey, are moving at the end of the month, as they are no longer able to afford their current residence. They have a fully furnished three-bedroom home and only a small truck with which to move everything. Given their financial situation, they are unable to afford to pay movers and their family does not live in the area to help. Thus, it will be up to Mr. Salazar-Sarmienta and Audrey to move everything. In addition, they have dog kennels in the backyard of their current residence that the landlord is requiring them to tear down before they leave. Mr. Salazar-Sarmienta is requesting that he be allowed to leave his residence from noon to 4:00 p.m. every day from July 23rd to July 29th so that he can help prepare for the move and assist with the actual move. Defense counsel has spoken with Audrey, who is Mr. Salazar-Sarmienta's third-party custodian, and she understands that she will need to be present at all times while Mr. Salazar-Sarmienta is out of the residence.

Mr. Salazar-Sarmienta also requests that the Court temporarily modify the home detention condition to permit him to leave his residence from 1:00 p.m. to 4:00 p.m. on July 22, 2018. Mr. Salazar-Sarmienta's infant daughter will be christened on July 22, 2018. He has already received permission to attend the christening ceremony; however, he is requesting an additional three hours so that he and his family can go to Lodai for a small celebration after the christening. Again, Audrey, his third-party custodian, will be with him at all times while he is out of the residence.

WHEREFORE, the parties respectfully request that the Court temporarily modify the conditions of release as set forth above.

ORDER

Pursuant to the parties' stipulation, the Court hereby temporarily modifies Special Condition 7(l) as follows: Uriel Ernesto Salazar-Sarmienta is permitted to be outside of his home for the purpose of moving to a new residence from noon to 4:00 p.m. every day from July 23, 2018, to July 29, 2018, and for the purpose of celebrating his daughter's christening from 1:00 p.m. to 4:00 p.m. on July 22, 2018.

IT IS SO ORDERED.

Source:  Leagle

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