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United States v. Smith

United States District Court, D. Nevada

June 20, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
MARK SMITH, Defendant,

          Sunethra Muralidhara Nevada Bar No. 13549 Wright Marsh & Levy Attorney for Defendant Smith

          WRIGHT MARSH & LEVY Sunethra Muralidhara Sunethra Muralidhara Attorney for Mark Smith

          UNOPPOSED MOTION TO MODIFY CONDITIONS OF PRETRIAL RELEASE AND PROPOSED ORDER

          The Honorable Richard F. Boulware II, United States District Judge.

         The Defendant, Mark Smith, through his attorney, Sunethra Muralidhara Esq., Wright Marsh & Levy, respectfully moves this Honorable Court to modify conditions of his pretrial release by removing drug testing requirements and modifying employment conditions. The government and Pretrial Services are in agreement with the Defendant's request. Thus, this motion is filed unopposed.

         ARGUMENT

         On October 8, 2015, Mr. Smith was ordered released on a personal recognizance bond. ECF 5. He is required to abide by numerous conditions, including but not limited to, and in pertinent part:

Condition 29-Employment-the defendant is prohibited from employment/self-employment in a setting where he has access to financial transactions or the personal identifiers of another.
Condition 38-Substance Abuse Testing and Treatment-The defendant shall submit to any testing required by Pretrial Services…to determine whether the defendant is using a prohibited substance…
Condition 39-The defendant shall pay for all or part of the cost of the testing program…
Condition 74-Other Conditions-Do not obtain/engage in employment involving the solicitation of money.

ECF 5. Mr. Smith entered into a plea agreement on October 8, 2015. ECF 6. His sentencing is currently set for August 22, 2019 at 2:00 p.m.

         Mr. Smith has been doing exceptionally well during his 3.5 years on pretrial supervision. He has never tested positive for a controlled substance and has abided by all other conditions of pretrial release. The parties and Pretrial agree that conditions 38 and 39 are no longer necessary given the posture of the case and Mr. Smith's commitment to living a drug free lifestyle. Neither Pretrial Officer Ronald Pease nor AUSA Daniel Cowhig has any objection to Mr. Smith's request to have conditions 38 and 39 removed.

         Additionally, Mr. Smith requests this Court modify his employment conditions (conditions 29 and 74) as the current conditions are not reasonably tailored given the offense conduct and are no longer appropriate given the status of Mr. Smith's case. The concern here is that under the current conditions, Mr. Smith is precluded from working in a position where he could have access to credit cards and transactions, for example, working for a company where he would take down a credit card No. to make a customer purchase, or run a credit card transaction. The parties and Pretrial agree that these conditions are overly burdensome and not applicable to Mr. Smith's case. The parties request conditions 29 and 74 be removed and modified to:

• Proposed Condition- Defendant refrain from employment in the telemarketing industry only where the defendant would be involved in the marketing of goods/services that pertain to the underlying offense (i.e. ...

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