UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA )

v. ) CRIM. NO. 96-0139-01 (RCL)

xxxxxxxxxx )

DEFENDANT'S MOTION TO MODIFY CONDITIONS OF RELEASE

Defendant xxxxxxxx, by and through undersigned counsel, hereby moves this Court to modify his conditions of release to permit him to reside in Las Vegas, Nevada, until such time as he may have to return to this jurisdiction for further court proceedings.

Mr. xxxxxxx is currently released on his personal recognizance pending an interlocutory appeal arising from this Court's denial of his motion to dismiss on double jeopardy grounds. While the Court expressly authorized Mr. xxxxxxx to travel out of the jurisdiction for business, the Court apparently did not provide permission for Mr. xxxxxxx to change the place of his residence.

Since his release, Mr. xxxxxxx has been in weekly contact with the pretrial services office, and has provided that office with his exact address in Las Vegas. However, since Mr. xxxxxxx plans on staying in Las Vegas for the foreseeable future, he requests that his conditions of release be modified to permit that change of residence. His exact address, which has been unchanged for at least six months, is:

Arthur xxxxxxx

Sun Harbor Budget Suites

3684 Paradise Road

Building J-1114

Las Vegas, Nevada 89109

702 699 7000 (extension 1114)

Undersigned spoke with Mr. Brian Rybicki of Pretrial Services who informed counsel that it would be appropriate, if Mr. xxxxxxx is permitted to stay in Las Vegas, that his supervision be transferred to the local Pretrial Services office who could more closely monitor Mr. xxxxxxx. Mr. xxxxxxx has not objection to his supervision being transferred.

Accordingly, it is respectfully requested that Mr. xxxxxxx conditions of release be modified so that he be permitted to reside in Las Vegas, Nevada, at the above address, that his supervision be transferred to the local Pretrial Services agency, and that Mr. xxxxxxx comply with whatever additional reporting requirements are imposed by this Court or by the local Pretrial Services office.

Respectfully submitted,

A.J. KRAMER

FEDERAL PUBLIC DEFENDER

L. Barrett Boss

Assistant Federal Public Defender

625 Indiana Avenue, N.W., 5th Floor

Washington, D.C.

(202) 208-7500

CERTIFICATE OF SERVICE

I hereby certify that on October 3, 1997, a copy of the foregoing was served on:

Joseph Conte

601 Pennsylvania Avenue, N.W.

Washington, D.C. 20004

Harry Benner

Assistant U.S. Attorney

555 4th Street, N.W.

Washington, D.C. 20001

Brian Rybicki

U.S District Court Pretrial Services

333 Constitution Avenue, N.W.

Room #1413

Washington, D.C. 20001

L. Barrett Boss

Assistant Federal Public Defender

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA )

v. ) CRIM. NO. 96-0139-01 (RCL)

xxxxxxx )

ORDER

This matter comes before the Court on the defendant's motion to modify his conditions of release. For good cause shown, it is hereby ORDERED that:

1. Mr. xxxxxxx's conditions of release are hereby modified so that the defendant is permitted to reside in Las Vegas, Nevada.

2. Mr. xxxxxxx's pretrial supervision is transferred to the local Pretrial Services Agency.

3. Mr. xxxxxxx's is to comply with any and all reporting requirements established by that agency.

Royce C. Lamberth

United States District Judge

Dated:

copies to:

AUSA Harry Benner

555 4th Street, NW

Washington, DC 20001

AFPD L. Barrett Boss

625 Indiana Avenue, NW

Suite 500

Washington, DC 20004

Joseph Conte

601 Pennsylvania Avenue, N.W.

Washington, D.C. 20004

Brian Rybicki

U.S District Court Pretrial Services

333 Constitution Avenue, N.W.

Room #1413

Washington, D.C. 20001