UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA :

v. : CRIMINAL NO. xx-307-01 (RCL)

xxxxxxxxxxxxxxxx :

MOTION FOR MODIFICATION OF CONDITIONS OF RELEASE

xxxxxxxxxx, through undersigned counsel, hereby moves this Honorable Court for modification of her conditions of release to allow her to maintain her employment as an Assistant Manager at Waxie Maxie's after the September 30, 1993, expiration of her current order imposing a curfew from 11:30 p.m. until 7:00 a.m. Undersigned counsel requests a determination of this motion in time so Ms. xxxxxxx may perform her duties as Assistant Manager at Waxie Maxie's on October 1, 1993.

In support of this motion, Ms. xxxxxxx, through undersigned counsel submits:

1. On August 27, 1993 this Court entered an order that Ms. xxxxxxx be under an 11:30 p.m. until 7:00 a.m. curfew.

2. Since that time, Ms. xxxxxxx has secured full-time employment as an Assistant Manager at Waxie-Maxies record store. In that capacity Ms. xxxxxxx has to be available October 1-2 for a "music mania" sale at the store at which she is Assistant Manager, and she will have to close the store the sale is over sometime near 2:00 or 3:00 a.m. Moreover, as an Assistant Manager, Ms. xxxxxxx is on twenty-four hour call in the event the security alarm in the store goes off, and is expected to be available to disengage the alarm system when that becomes necessary. Accordingly, the curfew restriction on Ms. xxxxxxx needs to be lifted.

3. Ms. xxxxxxx is a thirty-five year old single mother with no prior criminal history. This case represents her first arrest ever. She is extremely responsible with undersigned counsel, calling her frequently and making every appointment in a timely fashion. She lives with her brother who is a salesman with the Hecht Company, and who appeared in court on Ms. xxxxxxx's behalf on July 9, 1993. Until 1991, Ms. xxxxxxx had been employed at the Syscon Corporation, a defense contractor, for eleven years where she worked as a staff administrator. Clearly someone, shrouded in the presumption of innocence and with no prior criminal history whatsoever, with a distinguished employment record at the same place for eleven years and who is the sole parent of a seven-year-old son is worthy of modification of her curfew so that she may maintain her current employment in a responsible position.

4. Undersigned counsel has verified Ms xxxxxxx's employment through a pay stub and has verified that her supervisor Brian Garland characterizes Ms. xxxxxxx as someone who is "a mature and responsible worker" who "does things well," "makes the most of her time," "accomplishes what she sets out to do, and is very direct and honest in her approach."

5. Ms. xxxxxxx's full compliance with her curfew to date, as reflected in the reports from the Pretrial Services Agency should be taken as an indicator of her sense of responsibility.

6. During a telephone conversation with Assistant United States Attorney Kevin Carwile, to whom this case has been assigned, Mr. Carwile stated that he took no position on the motion.

WHEREFORE, for these reasons and other such reasons as shall appear to the Court, Ms. xxxxxxx requests that this Motion be granted and that her conditions of release be modified to eliminate the curfew requirement.

Respectfully submitted,

A. J. KRAMER

FEDERAL PUBLIC DEFENDER

Santha Sonenberg

Assistant Federal Public Defender

On Behalf of Angela xxxxxxx

625 Indiana Avenue, NW Suite 550

Washington, DC 20004

(202) 208-7500

CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing Motion For One-Day Modification of Conditions of Release has been served upon the Office of the United States Attorney, 555 Fourth Street, N.W., Washington, D.C. 20001 by hand by leaving a copy in the box designated for the Office of the United States Attorney located in the Clerk's Office of the United States District Court for the District of Columbia this 29th day of September, 1993 and by telecopier on September 28, 1993, for Assistant United States Attorney Kevin Carwile.

Santha Sonenberg

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA :

v. : CRIMINAL NO. xx-307-01 (RCL)

xxxxxxx :

O R D E R

Upon consideration of the Motion For Modification of Conditions Of Release filed herein on September 29, 1993, it is this day of , 1993, HEREBY ORDERED that Ms. xxxxxxx's motion is granted and the curfew condition of her release is lifted.

Royce C. Lamberth

United States District Judge

Copies To:

xxxxxxx

xxxxxxxxxxxx

xxxxxxxxxxxxxxxxxxxxxxx

Lanham, Maryland 20646

Santha Sonenberg

Office of the Federal Public Defender

625 Indiana Avenue, N.W.

Washington, D.C. 20004

Janice Bergin

District of Columbia Pretrial Services Agency

United States Courthouse

Washington, D.C. 20001

Kevin Carwile

Office of the United States Attorney

555 Fourth Street, N.W.

Washington, D.C. 20001