Filed: Feb. 15, 2019
Latest Update: Feb. 15, 2019
Summary: STIPULATION TO MODIFY CONDITIONS OF PRETRIAL RELEASE; ORDER SHEILA K. OBERTO , District Judge . IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel, Assistant United States Attorney Vincenza Rabenn, counsel for plaintiff, and Assistant Federal Defender Eric V. Kersten, counsel for defendant Carlos Alberto Barvoza-Casillas, that Mr. Barvoza-Casillas's conditions of release may be modified to permit Mr. Barvoza-Casillas to leave his residence between 6:00 a.
Summary: STIPULATION TO MODIFY CONDITIONS OF PRETRIAL RELEASE; ORDER SHEILA K. OBERTO , District Judge . IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel, Assistant United States Attorney Vincenza Rabenn, counsel for plaintiff, and Assistant Federal Defender Eric V. Kersten, counsel for defendant Carlos Alberto Barvoza-Casillas, that Mr. Barvoza-Casillas's conditions of release may be modified to permit Mr. Barvoza-Casillas to leave his residence between 6:00 a.m..
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STIPULATION TO MODIFY CONDITIONS OF PRETRIAL RELEASE; ORDER
SHEILA K. OBERTO, District Judge.
IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel, Assistant United States Attorney Vincenza Rabenn, counsel for plaintiff, and Assistant Federal Defender Eric V. Kersten, counsel for defendant Carlos Alberto Barvoza-Casillas, that Mr. Barvoza-Casillas's conditions of release may be modified to permit Mr. Barvoza-Casillas to leave his residence between 6:00 a.m. and 10:00 p.m. All other conditions of Mr. Barvoza-Casillas' pretrial release shall remain in full force and effect.
Pretrial Services Officer Ryan Beckwith and Northern District of California Pretrial Services Officer Nelson Barao, who is Barvoza-Casillas' curtesy supervision officer in the Northern District of California, support the proposed modification to a curfew.
Pursuant to the existing Order Setting Conditions of Release, Mr. Barvoza-Casillas is subject to home detention. Special condition "M" currently provides:
HOME DETENTION: You must remain inside your 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, p.2.
The parties request that this portion of special condition "M" be deleted and replaced with the following:
CURFEW: You must remain inside your residence between the hours of 10:00 p.m. and 6:00a.m., every day, unless your absence is pre-approved by the PSO
Mr. Barvoza-Casillas was released to the Westcare 90-day inpatient treatment program in April 2018. He successfully completed the program in July 2018 and has complied with all conditions of his release since that time. Mr. Barvoza-Casillas is attending classes two days per week, and would like to attend more classes, and lead a more productive life than is possible on home detention.
Based on the foregoing, the parties respectfully request that the Court modify Mr. Barvoza-Casillas' conditions of release as set forth above.
ORDER
Pursuant to the parties' stipulation, the Court hereby modifies Special Condition 7(m) of the Order Setting Conditions of Pretrial Release for Carlos Alberto Barvoza-Casillas as set forth above.
IT IS SO ORDERED.
