Motion for Release on Bond — United States v. Christopher Montalbano (Dkt. 32, November 16, 2021)

Summary

A Motion for Release on Bond in United States v. Christopher Montalbano, Case #: 2:21-cr-201-ACA-SGC, in the U.S. District Court for the Northern District of Alabama, Southern Division, filed November 16, 2021. Counsel asks the Court to release the defendant on bond. The motion states that the defendant was indicted on June 30, 2021, was released on July 12, 2021 on a secured $50,000.00 bond, and had that bond revoked on September 10, 2021 following a hearing. It states that the defendant executed a Plea Agreement on November 12, 2021, and proposes home detention or electronic monitoring upon release. It is signed s/Brett M. Bloomston.

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     Case 2:21-cr-00201-ACA-SGC Document 32 Filed 11/16/21 Page 1 of 5                 FILED
                                                                              2021 Nov-16 PM 12:35
                                                                              U.S. DISTRICT COURT
                                                                                  N.D. OF ALABAMA


                  UNITED STATES DISTRICT COURT
             FOR THE NORTHERN DIVISION OF ALABAMA
                       SOUTHERN DIVISION

UNITED STATES OF AMERICA,                   )
                                            )
v.                                          ) CASE #: 2:21-cr-201-ACA-SGC
                                            )
                                            )
CHRISTOPHER MONTALBANO,                     )
                                            )
      Defendant                             )
                                            )

                    MOTION FOR RELEASE ON BOND

      COMES NOW the undersigned counsel and hereby requests that this

Honorable Court grant this Motion and allow the Defendant, Christopher

Montalbano, to be released on bond for the following reasons:

      1. Defendant, Christopher Montalbano, was indicted on June 30, 2021, and

         charged with Conspiracy to Commit Bank Fraud in violation of 18 U.S.C.

         §1349; Eight (8) Counts of False Statements to Obtain a Bank Loan in

         violation of 18 U.S.C. §1014; Two (2) Counts of Aggravated Identity Theft

         in violation of 18 U.S.C. §1028A; and, Money Laundering in violation of

         18 U.S.C. §1957.

      2. On July 12, 2021, the Defendant was released from custody on a secured

         fifty-thousand-dollar ($50,000.00) bond.
Case 2:21-cr-00201-ACA-SGC Document 32 Filed 11/16/21 Page 2 of 5




3. On September 3, 2021, the United States filed a Motion to Revoke the

   Defendant’s bond for intimidating a victim/witness in the case. The motion

   alleged that the Defendant assaulted Taylor Green, a “witness and subject”

   of the Aggravated Identity Theft counts alleged in the Indictment. Of note,

   Montalbano and Green have been lifelong friends and were roommates at

   most all relevant times of this matter. Montalbano had permission to be in

   contact with Taylor Green, as long as the two did not discuss the criminal

   case.

4. On September 10, 2021, the Defendant’s bond was revoked following a

   Bond Revocation Hearing. Montalbano was taken into custody by the U.S.

   Marshals and transferred to the Hoover City Jail. He was subsequently

   transferred to the Shelby County Jail where he is currently incarcerated.

5. There was no evidence presented at the revocation hearing that

   Montalbano assaulted Green with the purpose of obstructing justice or for

   purposes of intimidating a witness. On the contrary, it appears from the

   context that the altercation was of a personal nature – unrelated to the

   criminal charges at bar.

6. On November 12, 2021, the Defendant executed a Plea Agreement,

   wherein he agreed to plea guilty to Count One, Count Twenty-Three, and

   Count Twenty-Six of the Indictment. The two (2) Aggravated Identity
Case 2:21-cr-00201-ACA-SGC Document 32 Filed 11/16/21 Page 3 of 5




   Theft counts are due to be dismissed. Montalbano is currently scheduled

   for a Consent Docket on November 30, 2021, before Honorable Judge

   Axon.

7. Montalbano, who has no prior criminal history, whatsoever, has been

   experiencing numerous health issues prior to and while incarcerated, and

   respectfully request this Honorable Court allow him to be released on his

   previous bond conditions in order to seek medical attention and psychiatric

   counseling. At the time of his incarceration, Montalbano was scheduled to

   see a neurologist at the Mayo Clinic for continuing neurological issues that

   have caused him great pain and even loss of consciousness while

   incarcerated.

8. Further, Montalbano is aware that he is facing a custodial sentence and has

   numerous business and personal matters to tend to prior to his sentencing

   in this matter.

9. Prior to his bond being revoked, the undersigned discussed with the

   U.S.A.O. removing the third-party custodian condition and allowing

   Montalbano to live with his elderly parents.

10.The Defendant is aware of the severity of his actions and, with the six-plus

   week “dunk” in the Hoover City and Shelby County jails, assures this
     Case 2:21-cr-00201-ACA-SGC Document 32 Filed 11/16/21 Page 4 of 5




         Honorable Court that he will abide by all bond conditions, in full, upon his

         release from custody.

      11.The Defendant is agreeable to and would propose home detention or

         electronic monitoring upon release, along with any and all other conditions

         of bond, including no contact with Taylor Green.

      12.There will be no hardship on the Government if this motion is granted.

      WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully

requests that this Honorable Court enter an Order releasing the Defendant from

custody on bond, as well as for any other relief to which the Defendant is entitled.



                                       Respectfully Submitted,



                                       s/Brett M. Bloomston
                                       BRETT M. BLOOMSTON (BLO009)
                                       THE BLOOMSTON FIRM
                                       1914 4th Ave N.
                                       Ste. 100
                                       Birmingham, Alabama 35203
                                       (205) 212-9700
                                       brett@thebloomstonfirm.com
     Case 2:21-cr-00201-ACA-SGC Document 32 Filed 11/16/21 Page 5 of 5




                       CERTIFICATE OF SERVICE

      I hereby certify that a copy of the above and foregoing pleading has been
served on all counsel of record via electronic transmittal on this the
16th day of November, 2021.

                                          s/ Brett M. Bloomston
                                          OF COUNSEL


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