United States District Court, D. Nevada
ELIESON United States Attorney
J. COWHIG Assistant United States Attorney
PROPOSED ORDER MODIFYING CONDITIONS OF RELEASE
PENDING PROBATION REVOCATION HEARING AND TEMPORARILY
SUSPENDING AN ADDITIONAL PROBATION TERM
HONORABLE RICHARD F. BOULWARE II UNITED STATES DISTRICT
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.
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
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.
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
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.
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.
a substitution of counsel, the parties sought a continuance.
ECF 34. This Honorable Court granted that continuance. ECF
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