AMENDED EX PARTE APPLICATION FOR ORDER TO MODIFY TERMS OF DEFENDANT'S PRETRIAL RELEASE; DECLARATION OF ROGER D. WILSON; ORDER.

SHEILA K. OBERTO, Magistrate Judge.

Defendant SADOL DIAZ-BELTRAN by and through his counsel, ROGER D. WILSON, applies Ex Parte to the Court for an order modifying the terms of his pretrial release.

This amended application is based on the attached Declaration of Roger Wilson and upon the records on file in the instant action.

Respectfully submitted,

DECLARATION OF ROGER D. WILSON

I, Roger D. Wilson, declare as follows:

1. I am an attorney at law licensed to practice in the State of California and the United States District Court for the Eastern District of California, and am counsel of record for Defendant SADOL DIAZ-BELTRAN in the above-referenced case.

2. On or about November 8, 2018, Mr. Sadol Diaz-Beltran was charged with conspiracy to distribute and to possess with intent to distribute methamphetamine and heroin, in violation of 21 U.S.C. §§ 846 and 841(a)(1) [Count One] and possession with intent to distribute methamphetamine and heroin in violation of 21 U.S.C. § 841(a)(1) [Count Two].

3. On or about December 10, 2018, Mr. Diaz-Beltran was ordered released from jail and placed on terms and conditions of pretrial release. One of those terms related to Mr. Diaz-Beltran's curfew. Mr. Diaz-Beltran has complied with the terms and conditions of his pretrial release.

4. Mr. Diaz-Beltran would like to modify the term of his pretrial release related to his curfew as explained in Paragraph 7, below.

5. Mr. Diaz-Beltran and I discussed this modification with Mr. Diaz-Beltran's Probation and Pretrial Services Officer, Matthew S. Carter. Officer Carter approved of the requested modification for Mr. Diaz-Beltran.

6. On or about July 5, 2019, I discussed the proposed modification with Assistant United States Attorney (AUSA) Angela Scott. AUSA Scott replied to me that the Government has "no objection" to the request.

7. On July 10, 2019, I again discussed the proposed modification with Matthew S. Carter, U.S. Probation and Pretrial Services Officer, and also with Mr. Frank Guerrero, Intensive Supervision Specialist, U.S. Pretrial Services, and was advised the proposed modification would be to existing Condition 7(I) located on page 2 of the Order Setting Conditions of Release. Further, Specialist Guerrero explained that the condition requiring Mr. Diaz-Beltran to participate in the Home Detention component of the Location Monitoring Program with electronic monitoring or other location verification system shall be modified from the Home Detention component to the Curfew component of the Location Monitoring Program. The proposed new language shall be:

8. Therefore, Mr. Diaz-Beltran respectfully requests that the Court grants his request and modify the term of his pretrial release as explained in Paragraph 7, above.

I declare under penalty of perjury that the foregoing is true and correct.

Executed July 10, 2019, in Fresno, California.

ORDER

This matter, having come before the Court on Defendant SADOL DIAZ-BELTRAN's Amended Ex Parte application to modify the terms and conditions of his pretrial release, and for good cause shown, IT IS HEREBY ORDERED:

Condition 7(I) located on page 2 of the Order Setting Conditions of Release is modified to:

IT IS SO ORDERED.