United States District Court, D. Nevada
NICHOLAS A. TRUTANICH United States Attorney JAMIE MICKELSON
Assistant United States Attorney.
GABRIEL L. GRASSO, P.C Gabriel L. Grasso, Esq. Counsel for
Felix B. Guzman, Jr.
STIPULATION TO MODIFY CONDITIONS OF PRETRIAL
WEKSLER UNITED STATES MAGISTRATE JUDGE
HEREBY STIPULATED AND AGREED, by and between Nicholas A.
Truntanich, United States Attorney, and Jamie L. Mickelson,
Assistant United States Attorney, counsel for the United
States of America, and Gabriel L. Grasso, Esq, counsel for
FELIX B. GUZMAN, JR., that the conditions of pretrial release
for defendant Felix Guzman, Jr., be modified as set forth
Defendant Felix B. Guzman, Jr., was named in Count One of an
indictment returned by a grand jury in the District of Nevada
on July 31, 2013. (ECF 1.) Defendant did not make his initial
appearance in this district until October 3, 2019, because he
was unable to be located and arrested. (ECF 80). Defendant
was initially arrested in Arizona in August 2019 after
crossing into the United States from Mexico, and was
committed to the this district on the outstanding arrest
October 9, 2019, Magistrate Judge Brenda Weksler held a
detention hearing and ordered the defendant released on a
personal recognizance bond. (ECF 83, 84.) Defendant was also
ordered to reside in a halfway house or community corrections
center, as determined by Pretrial Services. Id.
Notably, for purposes of this motion, defendant was not
ordered to surrender his passport, nor to refrain from
obtaining any new travel documents.
November 22, 2019, defense counsel filed an unopposed motion
to modify the terms of pretrial release, which was granted on
December 10, 2019. (ECF 88, 89). The modification permits
defendant to reside in Arizona with family instead of at the
halfway house. Defendant moved to Arizona shortly thereafter,
and reported to Pretrial Services there as ordered. At the
time, he had a pending case in the District of Arizona as
well, which both counsel for the Government and counsel for
the defense erroneously believed had been dismissed. See
United States v. Guzman, 2:08cr598 (D. Arizona).
Accordingly, defendant made an initial appearance in that
case and was released on a personal recognizance bond.
Id. at ECF 340, attached hereto as Attachment A.
Defendant was ordered to “surrender all travel
documents to Pretrial Series and  not obtain a passport or
other travel document during the pendency of these
proceedings.” Id. Accordingly, on December 19,
2019, defendant surrendered his passport to pretrial services
January 3, 2020, the United States moved to dismiss the
indictment in the District of Arizona case. 2:08cr598 at ECF
343, and the motion was granted on January 6, 2020 (ECF 344).
Defendant has ties to Mexico and spent time in Mexico prior
to self-surrendering in this case. Accordingly, surrender of
his passport, as well as a condition that he not obtain a new
passport, is necessary to ensure the defendant's
appearance at trial in this matter. 18 U.S.C. §
3142(c)(1)(B)(xiv). Accordingly, the parties hereby stipulate
that the conditions of pretrial release should be modified in
this case to add the following conditions:
defendant shall surrender any passport and/or passport card
to U.S. Pretrial Services or the supervising officer; and
defendant shall not obtain a passport or passport card.
Defendant agrees to the requested modification of the
conditions of pretrial release.