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United States of America v. Stephen Russell Hill

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


June 28, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
STEPHEN RUSSELL HILL,
DEFENDANT.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

DANIEL J. BRODERICK, Bar #89424 Federal Defender CHARLES J. LEE, Bar #221057 Assistant Federal Defender Designated Counsel for Service 2300 Tulare Street, Suite 330 Fresno, California 93721-2226 Telephone: (559) 487-5561 Attorney for Defendant STEPHEN RUSSELL HILL

STIPULATION TO MODIFY TERM OF PRETRIAL RELEASE; ORDER THEREON

IT IS HEREBY STIPULATED by and between the parties hereto, and through their respective attorneys of record herein, that the terms of pretrial release be modified for the above named defendant as to conditions (7)(l) and (7)(m). Specifically, condition (7)(l) should be modified to read "The defendant shall not access the internet; internet service is permitted at the defendant's residence to only be accessed by the defendant's wife and no wireless internet capability is permitted." The parties are asking the court to delete the disconnection or termination of internet services requirement to allow for Mr. Hill's wife to have password protected internet access as Mrs. Hill suffers from severe rheumatoid arthritis and is largely wheelchair bound and relies on the internet for banking, shopping, entertainment, and other services.

The parties would then request condition (7)(m) be modified to read "The defendant shall not use or possess a computer in your residence or at any other location unless otherwise approved by the Pretrial Services Officer. You also shall not assist your wife in any way with the entering of her password or be present during her use of the computer." Both parties have consulted with Pretrial Services Dan Stark and feel the requested modifications of Pretrial Release Conditions are appropriate.

ORDER

IT IS ORDERED that the terms of pretrial release be modified for the above- named defendant as follows:

Condition (7)(l) is to read: The defendant shall not access the internet; internet service is permitted at the defendant's residence to be accessed only by the defendant's wife and no wireless internet capability is permitted.

Condition (7)(m) is to read: The defendant shall not use or possess a computer in his residence or at any other location unless otherwise approved by the Pretrial Services Officer. The defendant also shall not assist his wife in any way with the entering of her password or be present during her use of the computer.

All prior terms and conditions of pretrial release shall remain in full force and effect.

IT IS SO ORDERED.

20120628

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