IN THE UNITED STATES DISTRICT COURT FOR

THE DISTRICT OF COLUMBIA CIRCUIT



UNITED STATES OF AMERICA :

:

v. : CRIM. NO. xx-0050 (JGP)

:

xxxxxxxxxxxxx xxxxxxxxxx:

:

Defendant. :

________________________________:





MOTION FOR MODIFICATION OF PRETRIAL DETENTION ORDER

AND INCORPORATED MEMORANDUM OF POINTS

AND AUTHORITIES IN SUPPORT THEREOF



Defendant xxxxxxxxxxxxx, by and through counsel, respectfully requests this Court to revoke the order of detention entered in this case on October 17, 1997, and order that Mr. xxxxxxx be placed into the Intensive Supervision Program. This program is supervised by the District of Columbia Pretrial Services. Alternatively, Mr. xxxxxxx requests that he be released to the third-party custody of the Department of Corrections for halfway house placement.

In support of the revocation of his pretrial detention order, Mr. xxxxxxx states as follows:

1. Mr. xxxxxxx was arrested on October 15, 1997, and charged with unlawful possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1). On October 16, 1997, Mr. xxxxxxx was presented before the Honorable Deborah A. Robinson. Pursuant to the government's request and based on the assumption that the charge constitutes a "crime of violence," Mr. xxxxxxx was detained pending a detention hearing. On October 17, 1997, Mr. xxxxxxx appeared before Magistrate Judge Robinson for a consolidated preliminary and detention hearing. Following the aforementioned hearing, Magistrate Judge Robinson found probable cause and granted the government's motion for pretrial detention pursuant to 18 U.S.C. § 3142(e).

2. On November 13, 1997, Mr. xxxxxxx was indicted on one count of unlawful possession of a firearm by a convicted felon, and one count of unlawful possession of ammunition by a convicted felon. Mr. xxxxxxx was arraigned before this court on the charges of ex-felon in possession.

3. Mr. xxxxxxx is twenty-six (26) years old, and has lived in the Metropolitan area all of his life. He is the father of one child.

4. While Mr. xxxxxxx does have some prior involvement with the criminal justice system, it is important to note that there is no history of any violence by Mr. xxxxxxx. His prior convictions were for housebreaking, and attempted possession with intent to distribute cocaine. (1)

5. To the extent that the charges in this case cause the Court to pause on the dangerousness issue, it is respectfully suggested that the proposed conditions for release will assure the safety of the community. The Intensive Supervision Program also provides Mr. xxxxxxx with an opportunity to continue his employment with Wendy's which has advised that he can return to work if released, a result which is certainly in the mutual interest of Mr. xxxxxxx and the community.

6. There is also no basis to conclude that Mr. xxxxxxx poses any risk of flight.

WHEREFORE for the foregoing reasons, any which may appear at a full hearing on this matter, and any others this Court deems just and proper, Larry L. xxxxxxx, through counsel, respectfully requests that he be released under the conditions imposed by the District of Columbia Pretrial Services Intensive Supervision Program or, alternatively, released to the third-party custody of the Department of Corrections for placement in a halfway house.


Respectfully submitted,



A.J. KRAMER

FEDERAL PUBLIC DEFENDER

Valencia R. Rainey

Assistant Federal Public Defender

625 Indiana Avenue, N.W.

Washington, D.C. 20004

(202) 208-7500









CERTIFICATE OF SERVICE





This is to certify that this 23rd day of December 1997, a copy of the foregoing Motion to Revoke Pretrial Detention Order and to Place Mr. xxxxxxx in the Intensive Supervision Program and Incorporated Memorandum of Points and Authorities in Support Thereof, was served by first-class postage prepaid mail upon the Office of the United States Attorney, 555 Fourth Street, N.W., Washington, D.C. 20001, for Assistant United States Attorney Gregory Gruber.

Valencia Rainey




IN THE UNITED STATES DISTRICT COURT FOR

THE DISTRICT OF COLUMBIA CIRCUIT



UNITED STATES OF AMERICA :

:

v. : CRIM. NO. xx-451 (RCL)

:

LARRY L. xxxxxxx, :

:

Defendant. :

________________________________:



ORDER

Upon consideration of the Motion to Revoke Pretrial Detention Order and to Place Mr. xxxxxxx in the Intensive Supervision Program and Incorporated Memorandum of Points and Authorities in Support Thereof filed herein on December 23, 1997, it is this ____ day of ________, 1997, HEREBY ORDERED that Mr. xxxxxxx's motion is granted.

______________________________

Honorable Royce C. Lamberth

United States District Judge



Copies To:

Valencia Rainey, Esq.

Office of the Federal Public Defender

625 Indiana Avenue N.W. Suite 550

Washington, D.C. 20004



Gregory Gruber, Esq.

Office of the United States Attorney

555 Fourth Street, N.W.

Washington, D.C. 20001

1. Mr. xxxxxxx is currently on parole for the narcotics offense; however, it is scheduled to expire in December 1998.