IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA

ATLANTA DIVISION

UNITED STATES OF AMERICA )

)

v. ) NO. xxxxxxxxxxx

)

xxxxxxxxxxxxxxxx )

_________________________________)

MOTION FOR AMENDMENT OF THE CONDITIONS OF RELEASE

COMES NOW, Defendant, xxxxxxxxxxxx, and moves this Honorable Court under the authority of 18 U.S.C. §3145(2) for an Order amending the conditions of release. In support thereof, Mr. xxxxxx shows the Court as follows:

STATEMENT OF FACTS

1.

Mr. xxxxxx has been indicted on two bank robberies in violation of 18 U.S.C. §2113(a). On September 12, 1995, the Government moved that he be detained. Following a bond hearing and a preliminary examination, United States Magistrate Court Judge Joel Feldman denied the Government's motion and instead imposed a bond of $25,000.00 to be secured by corporate surety or property.

2.

Based on Mr. xxxxxx and his family's inability to make the $25,000.00 secured bond, undersigned counsel filed a Motion to Reconsider Order Setting Conditions of Release with the United States Magistrate Judge. By Order dated September 29, 1995, the United States Magistrate Judge reduced Mr. xxxxxx's bond to $10,000.

3.

Still unable to make this bond, Mr. xxxxxx filed a Motion for Reduction of Bond before the United States Magistrate Judge on November 3, 1995. In this Motion, Mr. xxxxxx asked the Court to set a $7,000 bond to be secured by an automobile. This Motion was denied by the United States Magistrate Judge by Order dated November 6, 1995.

4.

As discussed in the Pretrial Services Report, Mr. xxxxxx was born in Washington D.C. in March of 1954 and grew up in Ohio. He has a brother, Brian xxxxxx, who works for Delta Airlines and has resided in the Northern District of Georgia for over 23 years. Brian xxxxxx has indicated that if Mr. xxxxxx is released, Mr. xxxxxx can reside at his house in Atlanta.

5.

Mr. xxxxxx, who was living in Tampa in 1994 and 1995, voluntarily came to Atlanta to meet with the F.B.I. when he heard that the F.B.I. was attempting to locate him.

6.

Mr. xxxxxx's brother and his wife own a house in Atlanta. Because the xxxxxxs recently took out a second mortgage, there is no equity on the house available for a bond. Brian xxxxxx and his wife do own a 1989 Toyota Camry that is available to secure a bond. Attached as Exhibit "A" is a copy of the title to the car showing that Brian and Carolyn xxxxxx own the vehicle free and clear. Attached as Exhibit "B" are relevant xxxxxxs from the October 1995 N.A.D.A. guide showing the retail value of a 4-door 1989 Toyota Camry DLX as $7,100.00.

ARGUMENT

The Bail Reform Act prohibits a court from using unduly rigorous financial conditions to detain defendants. See 18 U.S.C. §3142(c)(2); United States v. Badalamenti, 810 F.2d 17 (2d Cir. 1987); United States v. Orta, 760 F.2d 887, 890 (8th Cir. 1985) (en banc). In this case, lowering Mr. xxxxxx's bond from $10,000 to $7,000 and allowing the bond to be secured by the family car, together with electronic monitoring would more than adequately assure Mr. xxxxxx's appearance. No evidence presented during the bond hearing indicated that Mr. xxxxxx would have the means or the desire to flee the jurisdiction. To the contrary, Mr. xxxxxx, knowing that authorities were searching for him, voluntarily turned himself into the F.B.I.

Further, as noted at the hearing, Mr. xxxxxx's brother, Brian xxxxxx, has lived in the Northern District of Georgia for over 23 years. Mr. Brian xxxxxx accompanied the Defendant to the F.B.I.'s office so that the Defendant could answer questions. Moreover, Mr. Brian xxxxxx indicated to the pretrial officer that the Defendant can reside at his home in Atlanta during the pendency of the case.

The United States Magistrate Judge has previously found that Mr. xxxxxx is entitled to a bond. If Mr. xxxxxx came from a middle class family, he would be out on bond, and under pretrial supervision. Mr. xxxxxx should not be penalized for being a poor man. The 1989 Toyota Camry is the only asset available for bond. Mr. Brian xxxxxx has agreed to make the car available as security for a bond.

Undersigned counsel believes that lowering Mr. xxxxxx's bond from $10,000.00 to $7,000.00, securing the bond with the family car and requiring Mr. xxxxxx to reside at his brother's home while under electronic monitoring will assure Mr. xxxxxx's attendance at all court proceedings.

Under these circumstances, Mr. xxxxxx implores the Court to amend the conditions of his release.

WHEREFORE, Defendant,  xxxxxx, urges this Court to GRANT the Motion for Amendment of Conditions of Release currently pending before this Court.

DATED: This _____ day of January, 1996.

Respectfully submitted,

_______________________

VIONNETTE REYES

STATE BAR NO. 601290

_______________________

KEVIN BREHM

STATE BAR NO. 079337

ATTORNEYS FOR  xxxxxx

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