United States District Court, E.D. Washington
ORDER GRANTING MOTION TO EXPEDITE AND GRANTING MOTION
TO MODIFY CONDITIONS OF RELEASE ECF NOS. 32, 33
K. DIMKE, UNITED STATES MAGISTRATE JUDGE.
the Court are Defendant’s Motion to Expedite, ECF No.
33, and Motion to Modify Conditions of Pre-trial Release, ECF
No. 32. Neither the United States, nor the United States
Probation/Pretrial Services Office oppose the motions.
Defendant requests that Special Condition No. 14, requiring
that he remain in the Eastern District of Washington, and
Special Condition No. 28, requiring that he participate in
electronic location monitoring, be suspended while he travels
to and works in Karluk, Alaska for approximately one week.
Defendant reports that he has worked with the Karluk IRA
Tribe in the past repairing large machinery and would be able
to provide USPO Krous with his address and dates of departure
and return. ECF No. 32 at 2.
is charged with the receipt and possession of child
pornography. As such, Defendant is subject to the mandatory
conditions prescribed by the Adam Walsh Act, which include
the special condition of electronic monitoring. See
18 U.S.C. § 3142. However, the Ninth Circuit has made
clear that district courts should exercise their discretion
in setting and defining four of the mandatory conditions: (1)
defining a condition of electronic monitoring; (2) specifying
restrictions on personal associations, place of abode, or
travel; (3) setting a reporting requirement; and (4)
specifying a curfew. 18 U.S.C. § 3142(c)(1)(B), (iv),
*708 (vi), (vii); United States v. Kennedy, 327
Fed.App’x 706, 707 (9th Cir. 2009); United States
v. Peeples, 630 F.3d 1136, 1139 (9th Cir. 2010)
(“The Walsh Act’s mandatory release conditions
require the district court to exercise its discretion, to the
extent practicable, in applying the mandatory release
conditions.”). Specifically, the Ninth Circuit requires
that the district court consider:
all relevant factors, including defendant’s job-related
needs, to determine the time of day or number of hours in
specifying a curfew, or whether the curfew must be connected
to a particular address. The district court shall also
fashion an appropriate condition of electronic monitoring
that would enable defendant to continue his employment. For
example, the district court might find it appropriate to set
a procedure by which defendant may travel by air for work,
with prior notice and approval; and perhaps monitoring and a
curfew at the destination city.
Kennedy, 327 Fed.App’x at 707-08.
considering the above factors and the safeguards in place,
the Court finds that temporarily modifying Defendant’s
conditions of release is appropriate. According to USPO
Krous, Defendant has been compliant with all conditions of
his pre-trial release, including curfew and location
monitoring. Defendant was previously granted a similar
modification allowing him to travel to the Western District
of Washington by Magistrate Judge Rodgers, though medical
issues precluded him from making the trip. See ECF
No. 27. Apart from the current alleged offenses, Defendant
has no criminal history. Moreover, the instant allegations do
not include hands-on abuse or contact with children. The
temporary modifications would allow Defendant to continue
substantially profitable employment with the Karluk IRA
terms of the safeguards available, USPO Krous conducted a
background check on the individual with whom Defendant will
be staying. She has no criminal history, is aware of the
charges against Defendant, and confirmed that no children
live in the residence where Defendant will stay. Defendant
will be staying in a village with very few people at a lodge
near the tribal office. USPO Krous also arranged for a
probation officer for the USPO for the District of Alaska,
who is traveling in the Karluk area, to visit him.
according to the Probation Office in the District of Alaska,
GPS/electronic monitoring can be effectuated in the Karluk
area. Defendant is directed to transport his GPS device with
him for use once he arrives in the Karluk area.
balance, the Court finds that the proposed modifications do
not cause an undue risk of harm to the community and are
therefore in line with the concerns predicating the Adam
IT IS HEREBY ORDERED:
1. The Motion to Expedite (ECF No. 32) is
2. The Motion to Modify Conditions of Release (ECF
No. 33) is GRANTED.
3. Condition No. 10, requiring that
Defendant surrender his passport to the Probation Office,
shall temporarily be suspended to allow Defendant to travel
to Alaska. Defendant’s passport may be returned to him
for the purposes of this trip and must be returned ...