Case 3:16-cr-00051-BR
Document 1657
Filed 01/04/17
Page 1 of 3
Matthew G. McHenry, OSB 04357 Levine & McHenry LLC 1001 S.W. Fifth Avenue, Suite 1414 Portland, Oregon 97204 503-546-3927 email: matthew@levinemchenry.com IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON UNITED STATES OF AMERICA, Plaintiff, vs. SEAN ANDERSON, Defendant.
) ) ) ) ) ) ) ) ) )
No. 3:16-cr-00051-BR-12 MOTION FOR MODIFICATION OF PRETRIAL RELEASE CONDITION— POSSESSION OF KNIVES AND TOOLS, GEOGRAPHIC RESTRICTIONS
Defendant Sean Anderson, through his attorney Matthew G. McHenry, respectfully moves for an order modifying his conditions of pretrial release in two ways. First, to allow him to possess utility knives and similar tools for work purposes. Send, to remove the geographic restriction limiting him to travel only in his county of residence in Idaho, and instead allow him to travel throughout his home state of Idaho. Currently, the release order states Mr. Anderson shall not “own, possess, or control any firearm (or any weapon),” and also states Mr. Anderson’s travel is “limited to Idaho County and the District of Oregon . . . .” Docket No. 511.
Case 3:16-cr-00051-BR
Document 1657
Filed 01/04/17
Page 2 of 3
Mr. Anderson requests that the release order be modified to clarify that he can possess utility knives and similar tools for work purposes without running afoul of the no weapons condition. Mr. Anderson does ranch-type work—fencing, baling, firewood harvesting, and other such manual labor tasks. To do these effectively, he needs to possess such items. Mr. Anderson would also like the freedom to travel throughout Idaho, both for employment and personal reasons. Undersigned counsel has confirmed that Mr. Anderson’s pretrial services officer in Idaho, U.S. Probation Officer John Godwin, supports this request, as does Mr. Anderson’s local Pretrial Services Officer Emely Cubias. Undersigned counsel has also conferred with the government, and AUSA Geoffrey Barrow confirms the government does not oppose these modifications. Mr. Anderson has had no violations of any kind since his release in April 2016. In addition, Mr. Anderson is under the direct supervision of his local Sheriff, Doug Giddings, who has agreed to supervise Mr. Anderson, ensure his appearance at court proceedings, and promptly notify the Court of any potential violations of pretrial release conditions. /// /// ///
2
Case 3:16-cr-00051-BR
Document 1657
Filed 01/04/17
Page 3 of 3
For the foregoing reasons, the Court should grant this motion and modify Mr. Anderson’s release conditions to explicitly allow him to possess utility knives and similar tools, and to modify his geographic restriction to the state of Idaho and the District of Oregon. Respectfully Submitted this 4th day of January, 2017: /s/ Matthew G. McHenry Matthew G. McHenry Counsel for Sean Anderson
3