Second Motion to Modify Conditions of Release — United States v. Mohamed Jama Ismail, Crim. No. 22-CR-124(2) (NEB/TNL) (Dkt. 312, D. Minn.)

Summary

In this motion filed 12/06/23 in United States v. Mohamed Jama Ismail (D. Minn., Crim. No. 22-CR-124(2) (NEB/TNL)), defense counsel Patrick L. Cotter of Sieben & Cotter, PLLC asks the court to strike two pretrial release conditions: home curfew, Condition 7(p)(i), and GPS monitoring, Condition 7(q)(iii). The motion says the supervising pretrial officer, Houa Vang, supports the request, while the government does not object to removing the curfew but does object to removing GPS monitoring. The grounds given are about 11 months of full compliance, discharge from supervised release in tandem case 22-CR-85, the strain of advance approval for leaving the residence, parity with co-defendants and a trial months away. An attached Notice of Discharge lists a November 9, 2022 sentence of 7 months in custody for use of a passport secured by false statement and a discharge date of November 17, 2023.

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CASE 0:22-cr-00124-NEB-TNL Doc. 312 Filed 12/06/23 Page 1 of 4

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
‘CRIM. NO. 22-CR-124(2) (NEB/TNL)

UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
v. ) SECOND MOTION TO MODIFY

) CONDITIONS OF RELEASE
Mohamed Jama Ismail, )
)
Defendant. )

Introduction

Counsel for Mohamed Jama Ismail respectfully moves the Court for an Order
modifying his conditions of release. The current order requires him to participate in and
abide by a home curfew, and further requires he be subject to GPS monitoring. Mr.
Ismail, for the reasons below, requests the conditions be modified to remove both home
curfew and GPS monitoring conditions.

Counsel for Mr. Ismail conferred with Mr. Ismail’s supervising pretrial officer,
Houa Vang, who represented her view was the request was appropriate and she fully
supports this request. Counsel for Mr. Ismail also conferred with counsel for the
government, who represented the government does not object to removal of home
curfew condition, but does object to removal of the GPS monitoring condition.

Proposed Modification

Mr. Ismail respectfully requests that the home curfew condition - Condition

7(p)(i) be stricken. Mr. Ismail also request a modification that the GPS condition —
CASE 0:22-cr-00124-NEB-TNL Doc. 312 Filed 12/06/23 Page 2 of 4

Condition 7(q)(iii) be stricken.

Basis for Request

Mr. Ismail respectfully submits this request is appropriate for multiple reasons.

First, he has been released subject to conditions for about 11 months, and he has been in
full compliance with his conditions of release. He is, and always has been,
extraordinarily communicative with Counsel and with Pretrial Services. The Court does
not need to be concerned if the proposed modification is granted, as Mr. Ismail presents
no risk of flight nor danger to the public.

Second, Mr. Ismail served his sentence and has been successfully discharged
from supervised release regarding tandem case 22-CR-85. (See attached Notice of
Discharge). Mr. Ismail anticipates the government with respond to this motion in
objection to removal of GPS monitoring by regurgitating issues identified in that case,
for which, Mr. Ismail accepted responsibility, dutifully served his sentence and has
been successfully discharged. The proof is in the pudding, Mr. Ismail has earned the
further latitude that is fully supported by his supervising pre-trial services officer.

Third, Mr. Ismail further respectfully submits that the existing conditions put too
great a strain on his personal affairs given the requirement he obtain approval for any
matter that would require him to leave his residence. It continues to be essentially
unworkable for him to manage his households’ daily affairs given the requirement that
all outside-of-the-house activities need to be approved in advance by Ms. Vang.

Fourth, Mr. Ismail respectfully submits this modification is appropriate to avoid
CASE 0:22-cr-00124-NEB-TNL Doc. 312 Filed 12/06/23 Page 3 of 4

unwarranted disparities between himself and his very similarly situated co-defendants.
Lastly, Mr Ismail respectfully submits this modification is appropriate because
this matter is still months away from trial.
Accordingly, Mr. Ismail brings this motion.
Conclusion
Given the above facts, and that Ms. Vang and the government do not oppose the
motion to strike the home curfew condition Mr. Ismail moves the court to Order this
condition stricken. Further, given pretrial services full support of striking the GPS
monitoring condition, Mr. Ismail’s successful discharge from supervised release, his
stellar performance on supervised release for the last 11 months, and the continued delay
in proceeding to trial, Mr. Ismail respectfully requests the Court issue an Order striking
the GPS monitoring condition.
Respectfully submitted,

SIEBEN & COTTER, PLLC

Dated: _ 12/6/2023 /s/ Patrick L. Cotter

Patrick L. Cotter (Attorney No. 0319120)
Attorneys for Defendant Mohamed Ismail
105 Hardman Court, Suite 110

South St. Paul, MN 55075

Phone: (651) 455 -1555

Fax: (651) 455-9055
patrick@siebencotterlaw.com
CASE 0:22-cr-00124-NEB-TNL Doc. 312 Filed 12/06/23 Page 4 of 4

DISTRICT OF MINNESOTA

NOTICE OF DISCHARGE
NAME Mohamed Jama Ismail
DOCKET 0864 0:22CR00085-001
OFFENSE Use of a Passport Secured by False Statement
SENTENCE DATE November 9, 2022
SENTENCE IMPOSED Custody of the BOP for 7 months; | years supervised release;
DISCHARGE DATE November 17, 2023

Mohamed Jama Ismail, you have completed your term of supervision on the date shown above.
You are hereby discharged from the supervision of the United States Probation and Pretrial
Services Office and are no longer subject to the conditions of supervision.

FIREARMS NOTE: The Federal Firearms Act prohibits persons convicted of a felony from
receiving; transporting; purchasing; or possessing firearms, ammunition, or explosives. Persons
convicted of federal offenses seeking relief of federal firearms disabilities must apply for
Presidential Pardon via the Pardon Attorney’s Office of the Department of Justice in Washington,
D.C, Call 202-616-6070 for more information on the necessary procedures. Information regarding
this process can also be found at www.atf.gov and www. justice. gov/pardon.

November 17, 2023 s| Kebecea Giewmann

Date Rebecca Biermann
Senior U.S. Probation Officer

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