DEFENDANT* RESPONSE TO THE

GOVERNMENT'S MOTION FOR AMENDMENT OF HER BAIL CONDITIONS

Undersigned counsel of Defendant,*, opposes the Government's Motion For Amendment of Bond Conditions. In support thereof, the undersigned shows:

1. The Defendant * * * was released on bond pending trial on August 1, 1994, pursuant to an Order entered by United States Magistrate Judge Thomas G. Wilson. The bond requires Ms. * to report to the United States Pretrial Division weekly by the telephone every Tuesday, no later than 4:00 P.M.

2. The Defendant, * * *, has complied with the conditions of her bond thus far and appeared before the Court when required to do so.

3. The Defendant, * * *, traveled to Atlanta, Georgia, and underwent inpatient medical treatment for morbid obesity as mentioned in the bond, and she is currently under a physician's care.

4. The Government in its Motion to Amend Bond conditions is attempting to violate Ms. *'s liberty rights and right to privacy; first, by forcing her to appear weekly at Pretrial Division in person instead of by telephone, and second, by forcing her to undergo additional medical treatment. The decision as to whether or not Ms. *'s medical condition requires that she be hospitalized or institutionalized should be made by a medical physician rather than an Assistant United States Attorney.

5. The Government has failed to provide any change of circumstances or new evidence to support the allegation that bail conditions previously imposed by Magistrate Wilson will not reasonably assure the appearance of Ms. * as required by the Court, or that Ms. * is a danger to the community.

MEMORANDUM OF LAW

Determinations to amend bail conditions are permitted to reflect change of circumstances or discovery of previously unknown information. United States v. Byrd, 969 F.2d 106 (5th Cir. 1992). The hearing may be reopened before trial if the judicial officer finds that information exists what was not known to the movant at the time of the hearing and that has a material bearing on the issue whether there are conditions of release that will reasonably assure . . . the safety of any person and the community", Byrd at 110.

The Bail Reform Act, 18 U.S.C. § 3141, directs the judicial officer to order pre-trial release on personal recognizance or upon execution of an unsecured appearance bond "unless the judicial officer determines that such release will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community" 18 U.S.C. § 3142 (b). If the preceding terms will not reasonably assure appearance or will endanger the safety, then the judicial officer is directed to consider a number of conditions to be attached to a release order.

On Page 2, Paragraph (b) of Special Conditions in Ms. *'s bond, the Court acknowledged Ms. *'s medical condition, specifically authorizing her to travel outside the Middle District of Florida for the purpose of obtaining medical treatment as required. In fact, Ms. * did travel to Atlanta, Georgia, to undergo medical treatment as recommended by her medical physician shortly thereafter. In essence, the Government fails to provide new evidence or changed circumstances indicative of Ms. * being a danger to the community or a risk of flight or nonappearance.

WHEREFORE, the Defendant, * * * respectfully requests this Court to deny the Government's Motion to Amend Bond Conditions.

C:\wwwfpd\bondrply.wpd