Notice of Motion to Modify Conditions of Release — No. 1:22-cr-00042 (Dkt. 9, W.D.N.Y.)

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A Notice of Motion to Modify Conditions of Release, Document 9 filed April 25, 2022 in the Western District of New York (Case 1:22-cr-00042-JLS-JJM), United States v. John L. Hutchins, filed by Paul J. Cambria and Justin D. Ginter of Lipsitz Green Scime Cambria LLP under 18 U.S.C. §§ 3142(c)(3), with a supporting affidavit. The defendant was arraigned and released on March 29, 2022 under conditions that include not transferring any assets while the case is pending without court permission. The affidavit asks that this condition be modified so he may list for sale and sell, or refinance his mortgage on, a condominium he owns in Pembroke Pines, Florida. It states that the Assistant U.S. Attorney and the U.S. Probation Officer have no objection.

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        Case 1:22-cr-00042-JLS-JJM Document 9 Filed 04/25/22 Page 1 of 3




UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK


UNITED STATES OF AMERICA,
                                    Plaintiff,                   NOTICE OF MOTION
                                                                TO MODIFY CONDITIONS
                                                                   OF RELEASE

       vs.                                                      Case No: 22-CR-00042-JLS


JOHN L. HUTCHINS,
                                    Defendant.


SIRS:

       COMES NOW the defendant, JOHN HUTCHINS, by and through his attorneys, LIPSITZ

GREEN SCIME CAMBRIA LLP, PAUL J. CAMBRIA, ESQ. and JUSTIN D. GINTER, ESQ.,

and upon the annexed affidavit of Justin D. Ginter, Esq., hereby moves this Court for the relief

requested in this motion to modify Mr. Hutchins’s conditions of release pursuant to 18 U.S.C. §§

3142(c)(3).

DATED:        Buffalo, New York
              April 25, 2022                Respectfully submitted,

                                            PAUL J. CAMBRIA, ESQ.
                                            JUSTIN D. GINTER, ESQ.
                                            LIPSITZ GREEN SCIME CAMBRIA LLP
                                            Attorneys for Defendant, JOHN HUTCHINS
                                            42 Delaware Avenue
                                            Buffalo, New York 14202
                                            (716) 849-1333
                                            pcambria@lglaw.com
                                            jginter@lglaw.com

TO:    PAUL BONANNO, ESQ.
       ASSISTANT UNITED STATES ATTORNEY
       138 Delaware Avenue
       Buffalo, New York 14202
           Case 1:22-cr-00042-JLS-JJM Document 9 Filed 04/25/22 Page 2 of 3




UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA,
                                      Plaintiff,
                                                                                  AFFIDAVIT
                                                                     Case No: 22-CR-00042-JLS
                Vs.

JOHN L. HUTCHINS,
                                      Defendant.


STATE OF NEW YORK              )
COUNTY OF ERIE                 )ss
CITY OF BUFFALO                )

                JUSTIN D. GINTER, ESQ. being duly sworn, deposes and says:

       1.       I, along with Paul J. Cambria, Esq. represent the defendant, JOHN HUTCHINS.

       2.       I am fully familiar with the facts and circumstances surrounding this case through

my investigation of this matter and review of the pleadings previously filed, as well as my

conversations with the defendant.

       3.       This affidavit is made in support of defendant’s motion to modify his conditions of

release.

       4.       On March 29, 2022, Mr. Hutchins was arraigned and released under a number of

conditions. One of those conditions is that Mr. Hutchins shall not transfer any assets while this

case is pending without Court permission.

       5.       Mr. Hutchins owns a condominium located in Hollybrook Golf and Tennis Club at

9200 North Hollybrook Drive, Apt. 8, Building 110 in Pembroke Pines, Florida 33025.

Respectfully we are requesting that this condition be modified so that Mr. Hutchins may list for

sale and ultimately sell the condo referenced above.
        Case 1:22-cr-00042-JLS-JJM Document 9 Filed 04/25/22 Page 3 of 3




       6.      Defense counsel has contacted United States Attorney, Paul Bonanno, who has no

objection to this request.

       7.      Defense counsel has also contacted United States Probation Officer, Brian

Mamizuka, who has no objection to this request.

       WHEREFORE, for the reasons set forth above, Defendant Hutchins respectfully asks that

this Court to modify his conditions of release so that he may refinance his mortgage.


                                             Respectfully submitted,



                                             /s/Justin D. Ginter
                                             JUSTIN D. GINTER, ESQ.
                                             LIPSITZ GREEN SCIME CAMBRIA
                                             Attorneys for Defendant
                                             JOHN HUTCHINS
                                             42 Delaware Avenue
                                             Buffalo, New York 14202
                                             (716) 849-1333
                                             jginter@lglaw.com


Subscribed and sworn to before me this
25th day of April, 2022.

/s/Alexander E. Basinski
Notary Public, State of New York
Qualified in Erie County
My Commission Expires August 6, 2022


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