Consent Motion to Modify Conditions of Release — United States v. Kevin Davis (District of Maryland, 10/11/23)

Summary

A Consent Motion to Modify Conditions of Release filed 10/11/23 as Document 37 in United States v. Kevin Davis, Case No. RDB-23-27 (D. Md.), by Davis through attorney C. Justin Brown. It asks the Court to change the location restriction program in the release conditions from "home confinement" to "curfew", with Davis to be home between 9 p.m. and 7 a.m., or as directed by Pretrial Services. The motion gives greater flexibility to work and to help care for children as the purpose. It states that Davis has been largely compliant, with a small number of minor violations, and that all other terms of pretrial release would remain the same. It states that Davis's Pretrial Services Officer consents and that Assistant U.S. Attorney Paul Riley has no objection.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

       Case 1:23-cr-00027-RDB          Document 37     Filed 10/11/23       Page 1 of 3



                    IN THE UNITED STATES DISTRICT COURT
                       FOR THE DISTRICT OF MARYLAND

   UNITED STATES OF AMERICA                *

       v.                                  *      Case No. RDB-23-27

   KEVIN DAVIS                             *

       *       *     *      *      *       *      *      *      *       *       *

            CONSENT MOTION TO MODIFY CONDITIONS OF RELEASE

       Kevin Davis, through his attorney, C. Justin Brown, Brown Law, respectfully

requests that this Honorable Court modify the conditions of his pretrial release.

Specifically, Davis seeks to change condition (8)(s) of his release (“location restriction

programs”) from “home confinement” to “curfew” in order to allow him greater

flexibility to work and help care for his children. In support of this Motion, Davis states

the following:

       1.      On January 6, 2023, this Court ordered Davis’s pretrial release on home

confinement with location monitoring. See ECF 11 at 2 (Order Setting Conditions of

Release). This condition prohibits Davis from leaving his residence except for

employment, medical necessities, attorney visits, court appearances, or other activities

approved by the Court or Pretrial Services. Id.

       2.      Davis seeks to be taken off home confinement and placed on a curfew

requiring him to be home between 9 p.m. and 7 a.m., or as directed by Pretrial Services.

       3.      To date Davis has been largely compliant with the terms of his release. He

has accrued a small number of minor violations: a couple for returning home from work
       Case 1:23-cr-00027-RDB         Document 37      Filed 10/11/23    Page 2 of 3



late, and a couple for consuming THC edibles. However, he is now undergoing outpatient

drug treatment, and by all indications he has been doing well in recent months.

       4.      A curfew would allow Davis to better support his children. His two high-

school-aged children are involved in numerous extracurricular activities, and they depend

on Davis to take them to their activities after school and on the weekends. They also

depend on him to drive them to school on the mornings when they are staying with him.

       5.      Additionally, a curfew will also provide needed flexibility for Davis’s work

schedule. Davis is employed at Brothers Collision body shop. While his manager does

not require him to work rigid hours – so he can come and go when he needs to take his

children to places – the freedom with his work schedule is only so helpful so long as he is

required to obtain permission before leaving his home.

       6.      Other than permitting Davis to be on a curfew, all other terms of pretrial

release would remain the same.

       7.      Undersigned counsel has spoken with Davis’s Pretrial Services Officer,

Nicholas Luko, and he consents to this request. Assistant U.S. Attorney Paul Riley also

has no objection to this request.

       WHEREFORE, Defendant Kevin Davis respectfully requests that this Court grant

his motion and modify his conditions of release to place him on a curfew instead of home

confinement.




                                              2
      Case 1:23-cr-00027-RDB       Document 37      Filed 10/11/23    Page 3 of 3



                                        Respectfully Submitted,


                                        _________/s/__________
                                        C. Justin Brown
                                        BROWN LAW
                                        1 North Charles Street, Suite 1301
                                        Baltimore, MD 21201
                                        Tel: 410-244-5444
                                        Fax: 410-934-3208
                                        brown@cjbrownlaw.com




                           CERTIFICATE OF SERVICE

      I hereby certify that on October 11, 2023, a copy of this Motion was served on all

parties via CM/ECF.

                                        _________/s/__________
                                        C. Justin Brown




                                           3


File and source

File

gov.uscourts.mdd.529189.37.0.pdf

Size

90,368 bytes

SHA-256

0f72f9edb13c48f8c63b7661e86e12a6a0d5d56fd190fb263ca7382f404b1de5

Our copy

gov.uscourts.mdd.529189.37.0.pdf

Original

No public link identified.