DEFENDANT'S EMERGENCY UNOPPOSED MOTION FOR REVIEW AND AMENDMENT OF PRETRIAL RELEASE CONDITIONS. EXPEDITED RULING REQUESTED.

WILLIAM G. COBB, Magistrate Judge.

CERTIFICATION: This Motion is timely filed, no time limit being applicable.

Defendant, DARYL LEE HEATH, by and through his attorney of record, LAUREN GORMAN, Assistant Federal Public Defender, hereby moves this Honorable Court, for review and amendment of the conditions of release entered by the Magistrate Judge on July 25, 2013. This motion is made pursuant to 18 U.S.C. §§ 3142(c)(3) and 3145(a)(2) and is based upon the following Points and Authorities and the papers and pleadings on file herein. Assistant United States Attorney Carla Higginbotham does not oppose this motion.

POINTS AND AUTHORITIES

On July 25, 2013., this Court ordered Mr. Heath released under conditions: Defendant shall submit to the location monitoring program and be on home detention (PR Bond (#10)). Mr. Heath wears an ankle bracelet in order to comply with the condition of location monitoring. 18 U.S.C. § 3142(c) (3) provides "[t]he judicial officer may at any time amend the order to impose additional or different conditions of release."

Mr. Heath has several tumors growing behind his left eye as well as various other pressing health issues. He is being treated through the Veterans Administration (VA).

On October 22, 2014, Mr. Heath filed an unopposed motion to have his ankle bracelet removed for an October 28, 2014 MRI procedure. On October 28, 2014, Mr. Heath went for the procedure but had not taken the appropriate medication 45 minutes before the procedure. He was sent home and the procedure was rescheduled for November 4, 2014 at 12:45 PM. (Exhibit A) Mr. Heath therefore moves this court for an order permitting pretrial services to remove the bracelet for the November 4, 2014 medical procedures in connection with Mr. Heath's medical treatment.

In addition, after consultation with Pretrial Services officer Jennifer Simone, Mr. Heath moves this court to enter an order allowing Pretrial Services to remove the ankle bracelet whenever they receive confirmation that Mr. Heath has a medical appointment requiring the removal of the device, such as MRI procedures. This would dispense with the need to seek an independent court order for every appointment requiring removal of the device and instead rely upon the discretion of Pretrial Services to review the appropriate medical documentation and make the determination.

Undersigned counsel has reached out to Pretrial Services and to Assistant United States Attorney Carla Higginbotham and they do not oppose this motion. Undersigned counsel requests an expedited ruling as the MRI is scheduled for November 4, 2014. Undersigned counsel, yet again, apologizes for the late notice but received notice of the medical procedure only this morning.

IT IS SO ORDERED.

EXHIBIT A