IN THE UNITED STATES DISTRICT COURT FOR

THE DISTRICT OF COLUMBIA CIRCUIT

UNITED STATES OF AMERICA :

:

v. : CRIM. NO. xx-484 (TFH)

:

xxxxxxxxxxxxxxxx, :

:

Defendant. :

________________________________:

MOTION TO REVOKE PRETRIAL DETENTION ORDER AND

TO PLACE DEFENDANT IN THIRD-PARTY CUSTODY OR, IN THE ALTERNATIVE, TO RELEASE MR. xxxxxxxxx TO THE INTENSIVE SUPERVISION PROGRAM OR HALFWAY HOUSE, AND INCORPORATED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF

Defendant xxxxxxxxx, by and through counsel, respectfully moves this Court, pursuant to 18 U.S.C. § 3145(b), to revoke the order of detention entered in this case on and order that Mr. xxxxxxxxx be released to the third-party custody of his father, or, in the alternative, to release Mr. xxxxxxxxx under the strict conditions imposed by the District of Columbia Pretrial Services Intensive Supervision Program, or release him to a Halfway House.

As grounds for this request, Mr.xxxxxxxxx states as follows:

1. Mr.xxxxxxxxx was arrested on November 14, 1997, and charged with violations of Title 21 United States Code, Sections 846 and 841(a)(1), Mr.xxxxxxxxx was presented before the Honorable Alan Kay, and detained pending a detention hearing.

2. On October 17, 1997, Mr.xxxxxxxxx appeared before Magistrate Judge Kay for a consolidated preliminary and detention hearing. Following the aforementioned hearing, Magistrate Judge Kay found probable cause and granted the government's motion for pretrial detention pursuant to 18 U.S.C. § 3142(e).

3. Mr.xxxxxxxxx is thirty-two (32) years old, and has lived in the Metropolitan area all of his life. He does not have prior convictions, nor any previous involvement with the criminal justice system.

4. Mr. xxxxxxxxx requests that he be placed in the third-party custody of his father, Percy G. xxxxxxxxx, Sr., who is a business owner in the District of Columbia and a lifelong resident of the District, and who has agreed to the custodial arrangement.

5. In the alternative, Mr. xxxxxxxxx requests that he be placed in the Intensive Supervision Program, or a halfway house. The Program or halfway house will allow Mr. xxxxxxxxx the opportunity to continue his employment with Max Auto Service as a mechanic, a result which is certainly in the mutual interest of Mr.xxxxxxxxx and the community.

6. There are no grounds to conclude that Mr. xxxxxxxxx poses any risk of flight, or that he poses a danger to the community.

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, Percy G. xxxxxxxxx, through counsel, respectfully requests that he be released to the third-party custody of his father, or, in the alternative, to the District of Columbia Pretrial Services Intensive Supervision or 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 day of December 1997, a copy of the foregoing Motion to Revoke Pretrial Detention Order and To Place Defendant in Third-Party Custody, Or, In the Alternative, To Release Mr. xxxxxxxxx To the Intensive Supervision Program or Halfway House, 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 Leutrell Osborne..

Valencia Rainey