IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA

ATLANTA DIVISION

UNITED STATES OF AMERICA )

)

v. ) NO. xxxxxxxxxxxxx

)

xxxxxxxxxxxxxxxxxx )

_______________________________)

MOTION TO RECONSIDER ORDER SETTING

CONDITIONS OF RELEASE

COMES NOW, defendant, xxxxxxx, and moves this Honorable Court under the authority of 18 U.S.C. § 3142(c)(3) to reconsider its Order Setting Conditions of Release. The Court has currently set bond in the amount of $25,000.00 to be secured by a corporate surety or property. Although Mr. xxxxxxxx and his family have attempted to raise sufficient funds to satisfy this condition, their attempts have been unavailing. Accordingly, Mr. xxxxxxxx moves this Court to set an unsecured bond in this case. In support, Mr. xxxxxxxx shows as follows:

(1)

Defendant Reginald Lamont xxxxxxxx has been charged with 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, the Court denied the Government's motion and instead imposed a bond of $25,000.00 to be secured by corporate surety or property.

(2)

In this case, the Pretrial Services Officer determined that a surety bond of $25,000.00 together with electronic monitoring and a requirement that Mr. xxxxxxxx reside with his brother would reasonably assure Mr. xxxxxxxx's appearance.

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, an unsecured bond together with electronic monitoring would more than adequately assure Mr. xxxxxxxx's appearance. No evidence presented during the bond hearing indicated that Mr. xxxxxxxx would have the means or the desire to flee the jurisdiction. To the contrary, Mr. xxxxxxxx, knowing that authorities were searching for him, voluntarily turned himself in to the F.B.I.

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

Under these circumstances, Mr. xxxxxxxx implores the Court to modify the conditions of bond.

WHEREFORE, defendant Reginald Lamont xxxxxxxx urges this Court to GRANT the Motion for Modification of Bond currently pending before this Court.

Dated: This ___ day of September, 1995.

Respectfully submitted,

_________________________________

VIONNETTE REYES

ATTORNEY FOR  xxxxxxxx

STATE BAR NO. 601290

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