Filed: Oct. 21, 2015
Latest Update: Oct. 21, 2015
Summary: STIPULATION OF THE PARTIES FOLLOWING DETENTION HEARING AND [PROPOSED] ORDER MODIFYING CONDITIONS OF SUPERVISED RELEASE MAXINE M. CHESNEY , District Judge . STIPULATION OF THE PARTIES FOLLOWING DETENTION HEARING WHEREAS, a detention hearing was held on October 20, 2015, before Magistrate Judge Elizabeth D. Laporte of the Northern District of California based on a pending Petition for Revocation of supervised release (the "Petition") filed against defendant Michael Higginbotham ("Mr. Higg
Summary: STIPULATION OF THE PARTIES FOLLOWING DETENTION HEARING AND [PROPOSED] ORDER MODIFYING CONDITIONS OF SUPERVISED RELEASE MAXINE M. CHESNEY , District Judge . STIPULATION OF THE PARTIES FOLLOWING DETENTION HEARING WHEREAS, a detention hearing was held on October 20, 2015, before Magistrate Judge Elizabeth D. Laporte of the Northern District of California based on a pending Petition for Revocation of supervised release (the "Petition") filed against defendant Michael Higginbotham ("Mr. Higgi..
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STIPULATION OF THE PARTIES FOLLOWING DETENTION HEARING AND [PROPOSED] ORDER MODIFYING CONDITIONS OF SUPERVISED RELEASE
MAXINE M. CHESNEY, District Judge.
STIPULATION OF THE PARTIES FOLLOWING DETENTION HEARING
WHEREAS, a detention hearing was held on October 20, 2015, before Magistrate Judge Elizabeth D. Laporte of the Northern District of California based on a pending Petition for Revocation of supervised release (the "Petition") filed against defendant Michael Higginbotham ("Mr. Higginbotham");
WHEREAS, pursuant to 18 U.S.C. § 3143(a), and Fed. R. Crim. P. 32.1(a)(6), Magistrate Judge Laporte found that Mr. Higginbotham carried his burden of establishing by clear and convincing evidence that he will not flee or pose a danger to any other person or to the community, if his conditions for supervised release were modified pending resolution of the Petition;
WHEREAS, Magistrate Judge Laporte recommended that Mr. Higginbotham (1) be released to a halfway house in Oakland, California as soon as space is available to house him, and be allowed to leave the halfway house for work, (2) be placed on electronic monitoring to include GPS, as directed by the U.S. Probation Office, and (3) not travel into the City and County of San Francisco, pending resolution of the Petition; and
WHEREAS, the parties have informed Mr. Higginbotham's U.S. Probation Officer of this proposed modification of supervised release, and he does not object.
THEREFORE, THE PARTIES HEREBY STIPULATE that the conditions of Mr. Higginbotham's supervised release should be modified to provide that:
1. Mr. Higginbotham shall be released to a halfway house in Oakland, California as soon as space becomes available, and he shall be allowed to leave the halfway house for work, and he shall remain in the halfway house for up to 120 days, as directed by the U.S. Probation Office.
2. Mr. Higginbotham shall be placed on electronic monitoring to include GPS, as directed by the U.S. Probation Office.
3. Mr. Higginbotham shall not travel into the City and County of San Francisco, pending resolution of the Petition.
ANDRE BIROTTE JR.
United States Attorney
JUSTIN R. RHOADES
Assistant United States Attorney
[PROPOSED] ORDER
FOR GOOD CAUSE SHOWN, the Court hereby modifies the terms of supervised release of defendant Michael Higginbotham as follows:
1. Mr. Higginbotham shall be released to a halfway house in Oakland, California as soon as space becomes available, and he shall be allowed to leave the halfway house for work, and he shall remain in the halfway house for up to 120 days, as directed by the U.S. Probation Office.
2. Mr. Higginbotham shall be placed on electronic monitoring to include GPS, as directed by the U.S. Probation Office.
3. Mr. Higginbotham shall not travel into the City and County of San Francisco, pending resolution of the Petition for Revocation of his supervised release.
IT IS SO ORDERED.
