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United States v. Holden

United States District Court, D. Nevada

January 26, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
DUSTIN W. HOLDEN, Defendant.

          DAYLE ELIESON United States Attorney

          DANIEL J. COWHIG Assistant United States Attorney

          PROPOSED ORDER MODIFYING CONDITIONS OF RELEASE PENDING PROBATION REVOCATION HEARING AND TEMPORARILY SUSPENDING AN ADDITIONAL PROBATION TERM

          THE HONORABLE RICHARD F. BOULWARE II UNITED STATES DISTRICT JUDGE.

         CERTIFICATION

         This proposed order is timely submitted in accordance with this Honorable Court's January 23, 2017 order from the bench. The parties have conferred regarding this filing. Counsel for defendant HOLDEN does not oppose the proposed order.

         SUMMARY

         The United States of America, by and through Dayle Elieson, United States Attorney, and Daniel J. Cowhig, Assistant United States Attorney, at the direction of this Honorable Court of this date, submits the attached Proposed Order Modifying Conditions of Release Pending Probation Revocation Hearing and Temporarily Suspending an Additional Probation Term.

         PROCEDURAL CONTEXT

         On March 23, 2017, in accordance with a Plea Agreement, ECF 7, defendant DUSTIN W. HOLDEN pleaded guilty to Accessing a Protected Computer to Defraud and Obtain Something of Value in violation of Title 18, United States Code Section 1030(a)(4) under a one-count Criminal Information, ECF 5.

         On July 27, 2017, this Honorable Court sentenced defendant HOLDEN to a five-year term of probation. ECF 18. This Court ordered as one Additional Probation Term, among others, that defendant HOLDEN “be confined in custody on intermittent confinement three weekends per month for [the] first year of probation.” Id.

         On September 27, 2017, the United States Probation Office petitioned this Honorable Court for warrant because defendant HOLDEN had not complied with the Additional Probation Term of intermittent confinement. ECF 19. The United States Probation Office then filed an addendum. ECF 20. This Honorable Court issued a warrant on September 29, 2017. ECF 21. Defendant HOLDEN was arrested in the Northern District of Georgia on October 6, 2017. ECF 24. The presiding Magistrate Judge released defendant HOLDEN on an unsecured bond, ordering defendant HOLDEN to appear on the petition in the District of Nevada, and imposing various conditions. Id. at 26 and 28. Among those conditions was that defendant HOLDEN “comply w/ all conditions of probation imposed in D. Nev. case.” Id. at 30.

         On October 26, 2017, defendant HOLDEN made his Initial Appearance on the petition. ECF 28. Pending the revocation hearing, the Court continued defendant HOLDEN on the existing conditions of supervised release, including the conditions imposed in the Northern District of Georgia, and set the revocation hearing for November 17, 2017. Id.

         Following a substitution of counsel, the parties sought a continuance. ECF 34. This Honorable Court granted that continuance. ECF 35.

         On January 23, 2018, defendant HOLDEN appeared before this Honorable Court in a Probation Revocation Hearing. ECF 38. On motion of defendant HOLDEN, the Court continued the Probation Revocation Hearing until April 5, 2018, to allow defendant HOLDEN ...


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