Second Stipulation to Modify Conditions of Pretrial Release for Travel — United States v. Holmes (Dkt. 32)

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A Second Stipulation to Modify Conditions of Pretrial Release for Travel in United States of America v. Joseph Holmes, Case No. 2:20-mj-00902-DJA, filed 02/19/21 as Document 32 in Case 2:21-cr-00212-APG-EJY, in the District of Nevada. It states that Holmes's release conditions limited his travel to the Northern District of Florida, where he resides, and the District of Nevada for court. Holmes asks to travel by car to Fort Lauderdale to visit his mother in the hospital from February 20, 2021, through February 28, 2021, and the stipulation says his Pretrial Services Officer and the government have no objection. The order under 18 U.S.C. § 3142(c)(3) permits the travel on those dates to the Southern District of Florida and grants the stipulation.

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       Case 2:21-cr-00212-APG-EJY           Document 32        Filed 02/19/21     Page 1 of 3




 1   RENE L. VALLADARES
     Federal Public Defender
 2   State Bar No. 11479
     KATHRYN C. NEWMAN
 3   Assistant Federal Public Defender
     Nevada State Bar No. 13733
 4   411 E. Bonneville, Ste. 250
     Las Vegas, Nevada 89101
 5   (702) 388-6577/Phone
     (702) 388-6261/Fax
 6   Kathryn_Newman@fd.org

 7   Attorney for Joseph Holmes

 8
                                 UNITED STATES DISTRICT COURT
 9
                                       DISTRICT OF NEVADA
10
11   UNITED STATES OF AMERICA,                           Case No. 2:20-mj-00902-DJA

12                  Plaintiff,                              SECOND STIPULATION TO
                                                            MODIFY CONDITIONS OF
13          v.
                                                         PRETRIAL RELEASE FOR TRAVEL
14   JOSEPH HOLMES,

15                  Defendant.

16
17          IT IS HEREBY STIPULATED AND AGREED, by and between Nicholas A.
18   Trutanich, United States Attorney, and Jim W. Fang, Assistant United States Attorney, counsel
19   for the United States of America, and Rene L. Valladares, Federal Public Defender, and Kathryn
20   C. Newman, Assistant Federal Public Defender, counsel for Joseph Holmes,
21          This Stipulation is entered into for the following reasons:
22          1.      Defendant Joseph Holmes made his initial appearance in this proceeding on
23   November 9, 2020, before U.S. Magistrate Judge Cam Ferenbach. ECF No. 15. Magistrate
24   Judge Ferenbach released Mr. Holmes on conditions, including a travel restriction that limited
25   his travel to the Northern District of Florida, where he resides, and the District of Nevada for
26   the purpose of court. ECF No. 22.
       Case 2:21-cr-00212-APG-EJY              Document 32        Filed 02/19/21       Page 2 of 3




 1             2.    The preliminary hearing in this matter is currently set for March 15, 2020. ECF
 2   No. 30.
 3             3.    This Court previously granted Mr. Holmes’ request to visit his mother for
 4   Christmas. ECF No. 26. Mr. Holmes traveled and returned without incident.
 5             4.    Mr. Holmes is requesting the Court permission to travel again to the Southern
 6   District of Florida to visit his mother in the hospital. Specifically, he is asking the Court to issue
 7   an order pursuant to 18 U.S.C. § 3142(c)(3), modifying the conditions of his pretrial release to
 8   allow him to travel permission to travel to visit his mother, Lakisha Williams, in Fort
 9   Lauderdale from February 20, 2021, through February 28, 2021. Mr. Holmes will travel by car
10   and will stay at his mother’s residence during his visit. Ms. Williams’s address will be provided
11   to Pretrial Services prior to his trip.
12             5.    Mr. Holmes’s Pretrial Services Officer has no objection to his request to travel.
13             6.    The government has no objection to this request for modification of Mr.
14   Holmes’s conditions.
15             DATED this 19th day of February, 2021.
16
17    RENE L. VALLADARES                                 NICHOLAS A. TRUTANICH
      Federal Public Defender                            United States Attorney
18
19       /s/ Kathryn C. Newman                              /s/ Jim W. Fang
      By_____________________________                    By_____________________________
20    KATHRYN C. NEWMAN                                  JIM W. FANG
      Assistant Federal Public Defender                  Assistant United States Attorney
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                                                        2
       Case 2:21-cr-00212-APG-EJY           Document 32        Filed 02/19/21     Page 3 of 3




 1                               UNITED STATES DISTRICT COURT

 2                                     DISTRICT OF NEVADA

 3
     UNITED STATES OF AMERICA,                           Case No. 2:20-mj-00902-DJA
 4
                    Plaintiff,                           ORDER
 5
            v.
 6
     JOSEPH HOLMES,
 7
                    Defendant.
 8
 9
10          IT IS THEREFORE ORDERED that, pursuant to 18 U.S.C. § 3142(c)(3), Mr. Holmes

11   is permitted to travel from the Northern District of Florida to the Southern District of Florida
12   from February 20, 2021, through February 28, 2021, for the purpose of visiting his mother.
13   Stipulation to Modify Conditions of Pretrial Release is granted.
14          DATED this 19th day of February, 2021.
15
16
                                                  UNITED STATES MAGISTRATE JUDGE
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