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United States v. Tran

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


May 26, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
KEIT TRAN, DEFENDANT.

The opinion of the court was delivered by: Judge Hon. Morrison C. England

STIPULATION TO MODIFY CONDITIONS OF RELEASE PURSUANT TO 18 USC §3145(a); ORDER

Keit Tran was released on February 5, 2010 under strict conditions. One of those conditions was that he be placed on "Home Incarceration". This condition has restricted him to his residence at all times except for medical needs, religious services and court appearances. While on release, Mr. Tran has been subject to drug testing and other requirements. There have been no violations of his release conditions.

Mr. Tran has custody of his son on the weekends. He would like to be able to take his son to the movies or a local park during the times he has custody. Mr. Tran would also like to try and find work to help support the family. Based on his behavior since he was released, his pretrial service office believes that a change to Home Detention*fn1 rather than Home Incarceration would be appropriate. His pretrial service officer has consulted with both parties regarding a modification of the release conditions.

The parties have agreed to recommend a modification of the conditions of Mr. Tran's release as indicated on the attached list of conditions prepared by pretrial services. The amendment would only change Home Incarceration to Home Detention and would require Mr. Tran to seek or maintain employment as approved by his pretrial services officer. All other conditions would remain the same. The parties are requesting, pursuant to 18 U.S.C. 3145(a) that the Court order this modification and impose the new, amended conditions of release as provided in the attachment to this stipulation.

Dated: May 24, 2010

Respectfully submitted,

DANIEL J. BRODERICK Federal Defender

LINDA C. HARTER Chief Assistant Federal Defender Attorney for Defendant KEIT TRAN

BENJAMIN WAGNER United States Attorney JASON HITT Assistant United States Attorney

ORDER

Good cause appearing and for the reasons stated in the stipulation of the parties, the conditions of Mr. Keith Tran's release are hereby modified pursuant to 18 U.S.C. § 3145(a). The new conditions of release are those set forth in the Amended Release Conditions dated May 18, 2010 and attached to the parties stipulation.

MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE


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