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Motion to Modify Conditions of Pretrial Release — No. 4:21-cr-00136 (Dkt. 46, S.D. Iowa)

Summary

A Motion to Modify Conditions of Pretrial Release, Document 46 filed June 24, 2022 in the Southern District of Iowa (Case 4:21-cr-00136-RGE-SHL), United States v. John Richard Stidolph, filed by Assistant Federal Defender Andrew Graeve. The defendant pleaded guilty on June 3, 2022 to two counts of wire fraud and four counts of false statements, with sentencing set for October 7, 2022, and has had no violations on release. He asks permission to travel to and live in Cheyenne, Wyoming from July 18 to August 22, 2022 for a construction job, and to travel to Basin, Wyoming on July 29, returning July 31, 2022 for his brother's funeral. The motion says the U.S. Probation Office and the government do not object.

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Cite this document

“Motion to Modify Conditions of Pretrial Release — No. 4:21-cr-00136 (Dkt. 46, S.D. Iowa).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/motion-to-modify-conditions-of-pretrial-release-no-4-21-cr-00136-dkt-4-9cb58301bb/, SHA-256 4b5ffd7fdd0e36ce23b4e4fb97f23b975026e8005f1e60e10371aff94f65cb8f.

Full text

       Case 4:21-cr-00136-RGE-SHL Document 46 Filed 06/24/22 Page 1 of 2




                         IN THE UNITED STATES DISTRICT COURT
                          FOR THE SOUTHERN DISTRICT OF IOWA
                                   CENTRAL DIVISION


 UNITED STATES OF AMERICA,
                  Plaintiff,                                    Case No. 4:21-cr-136
 v.
                                                          MOTION TO MODIFY
 JOHN RICHARD STIDOLPH,                             CONDITIONS OF PRETRIAL RELEASE
                  Defendant.

       Defendant, John Richard Stidolph, through counsel, moves to modify his conditions of

pretrial release. In support of this motion, counsel states:

       1.      Mr. Stidolph was charged with two counts of wire fraud and four counts of false

statements.

       2.      On June 3, 2022, the defendant pled guilty to all charges, without a plea

agreement.

       3.      Sentencing is set for October 7, 2022, at 9:30 a.m.

       4.      The defendant has had no violations while on pretrial release and remains on

release pending sentencing.

       5.      The November 3, 2021, order setting conditions of release for Mr. Stidolph

includes that he (a) “immediately advise the court or the pretrial services office or supervising

officer in writing before any change in address and telephone number; and (b) limit his place of

abode, travel, and personal association to the United States. (Docs. 18, 19 at pp.1, 2.)

       6.      The defendant has a job opportunity in Cheyenne, Wyoming, beginning July 18

and ending August 22, 2022. The job entails building an 18 x 16 room addition to the home of

his wife’s niece. The residence is located at 3821 Dey Avenue, Cheyenne, Wyoming, and Mr.

Stidolph would live at that residence while the addition is added.
          Case 4:21-cr-00136-RGE-SHL Document 46 Filed 06/24/22 Page 2 of 2




           7.          The defendant seeks this Court’s permission to travel to and live in Cheyenne,

Wyoming for the July18-August 22, 2022, time period. Mr. Stidolph would be back in Iowa by

August 22, 2022.

           8.          Additionally, Mr. Stidolph’s brother will be buried in Basin, Wyoming over the

July 29-31, 2022 weekend. Basin is approximately 5 ½ hours from Cheyenne. Defendant would

like to attend his brother’s service and travel from Cheyenne to Basin on July 29, 2022, returning

to Cheyenne on July 31, 2022.

           9.          The U.S. Probation Office, through Ashley Knight, does not object to this motion.

           10.         The government, through AUSA Rachel Scherle, does not object to this motion.

           WHEREFORE, counsel for the defendant respectfully requests that defendant’s pretrial

conditions be modified so that he may travel to and live in Cheyenne, Wyoming for employment

purposes for the time period of July 18 through August 22, 2022. Additionally, defendant

requests permission to travel from Cheyenne to Basin over the July 29-31 weekend to attend his

brother’s funeral.

                                                                 Respectfully submitted,


                                                                   /s/ Andrew Graeve
                                                                 Andrew Graeve, Asst. Federal Defender
                                                                 FEDERAL PUBLIC DEFENDER’S OFFICE
                                                                 400 Locust Street, Suite 340
                                                                 Des Moines, Iowa 50309-2353
                                                                 PHONE: (515) 309-9610
                                                                 FAX: (515) 309-9625
                                                                 E-MAIL: andrew_graeve@fd.org
                                                                 ATTORNEY FOR DEFENDANT
             CERTIFICATE OF SERVICE
I hereby certify that on June 24, 2022, I electronically filed
this document with the Clerk of Court using the ECF
system which will serve it on the appropriate parties.

                 /s/ Theresa McClure



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