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United States of America v. Larry Darnell Fluker

United States District Court Northern District of California


January 17, 2013

UNITED STATES OF AMERICA, PLAINTIFF,
v.
LARRY DARNELL FLUKER, JR.,
DEFENDANT.

The opinion of the court was delivered by: Kandis A. Westmore United States Magistrate Judge

ORDER MODIFYING CONDITIONS OF 7 RELEASE

United States District Court Northern District of California

On November 7, 2012, Defendant Larry Darnell Fluker was riding in a car in Oakland, California that was pulled over. Defendant and the other occupants, one of whom was a felon, 14 were detained by Oakland police. While Defendant was temporarily detained, he was released 15 without being cited. On November 20, 2012, a warrant was issued for Defendant's arrest for 16 violating term of his supervised release based on associating with a felon without the permission 17 of his probation officer, for failure to notify his probation officer within 72 hours of arrest or 18 questioning by law enforcement, and for leaving the Eastern District of California (where he was 19 being supervised) without permission. On December 27, 2012, Defendant Larry Darnell Fluker 20 was arrested for violating those terms of supervised release. 21

On January 17, 2013, the Court held a detention hearing on his Form 12. Defendant was 22 present, in custody, and represented by counsel Winston Chan. The Government was represented 23 by Assistant United States Attorney James Mann. U.S. Probation Officer Richard Brown was also 24 present.

During the hearing, the parties agreed that Defendant should be release pending the 26 disposition on his pending Form 12. Accordingly, the Court modifies the conditions of 27 Defendant's supervised release by adding the following special conditions:

1. Defendant shall consent to be monitored by Radio Frequency (RF), and shall abide by all of the requirements established by the probation office related to the use of this location monitoring technology. The participant shall pay all or part of the cost of participation in the location monitoring program, based on his ability to pay as directed by the probation officer.

2. Defendant shall be restricted to his residence at all times except for employment; education; religious services; medical, substance abuse or mental health treatment; attorney visits; court appearances; court-ordered obligations; or other activities as pre- approved by the probation officer.

IT IS SO ORDERED.

20130117

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