Case 3:16-cr-00051-BR

Document 1376

Filed 09/30/16

Page 1 of 5

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.

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No. 3:16-cr-00051-BR-12
MOTION FOR MODIFICATION OF
PRETRIAL RELEASE CONDITION
REMOVAL OF CURFEW

Defendant Sean Anderson, through his attorney Matthew G.

McHenry, respectfully moves for an order modifying his conditions of
pretrial release to remove the curfew requirement. Currently, the release
order states Mr. Anderson is restricted to his residence from 7pm to 7am,
unless prior approval is obtained from U.S. Pretrial Services. Docket No.
511.
Mr. Anderson requests that the curfew requirement be removed
altogether. Mr. Anderson would like the freedom to be out of his home after
7PM, whether it be for employment, religious services, or social obligations.
Mr. Andersons pretrial services officer in Idaho, U.S. Probation Officer

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John Godwin, supports this request, as does Mr. Andersons local Pretrial
Services Officer Emely Cubias. See email correspondence between
undersigned counsel, Ms. Cubias, and Mr. Godwin, attached.
Mr. Anderson has had no violations of any kind since his release in
April 2016. Another condition of his pretrial release is not traveling outside
his county of residence or the District of Oregon without prior approval from
Mr. Godwin. Docket No. 511. 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. Id.
In light of Mr. Andersons good conduct on release, the curfew
condition does not appear to accomplish anything significant that is not
already accomplished by the conditions in the preceding paragraph.
Undersigned counsel contacted AUSA Geoffrey Barrow regarding
this motion. Mr. Barrow is currently in trial on this case with Mr.
Andersons co-defendants; he has understandably not had an opportunity to
respond.
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For the foregoing reasons, the Court should grant this motion and
modify Mr. Andersons release conditions to remove the curfew
requirement.
Respectfully Submitted this 30th day of September, 2016:
/s/ Matthew G. McHenry
Matthew G. McHenry
Counsel for Sean Anderson

Case 3:16-cr-00051-BR

From:
To:
Cc:
Subject:
Date:

Document 1376

Filed 09/30/16

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John_Godwin@idp.uscourts.gov
Emely_Cubias@orpt.uscourts.gov
Matthew McHenry
Re: Sean Anderson Modification
Tuesday, September 06, 2016 9:30:20 AM

Emely and Matt,

I do not have any objection to the proposed modification.
Thanks,

John Godwin
U.S. Probation Officer
U.S. Probation, District of Idaho
john_godwin@idp.uscourts.gov
(208) 334-9961

From:

Emely Cubias/ORPT/09/USCOURTS

To:

Matthew McHenry <Matthew@levinemchenry.com>

Cc:

John Godwin/IDP/09/USCOURTS@USCOURTS

Date:

09/01/2016 03:49 PM

Subject:

Re: Sean Anderson Modification

Hi Matt,
I've cc'd John in this email. If he does not have any objections or outright concerns then I'm ok w/it.
Please submit a memo to the court though as Judge Jones is still hearing all modifications.
Thank you!
Emely Cubias
U.S. Pretrial Services Officer
Phone: 503-326-8516
Fax: 503-326-8590

From:
To:
Date:

Matthew McHenry <Matthew@levinemchenry.com>

"emely_cubias@orpt.uscourts.gov" <emely_cubias@orpt.uscourts.gov>
09/01/2016 02:20 PM

Case 3:16-cr-00051-BR

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Document 1376

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Sean Anderson Modification

Hi Emely, hope things are well. I'm writing about Sean Anderson. He and I would like to move to modify his release
conditions to remove his curfew. He has had no violations of any kind since his release, and the curfew doesn't
seem to be accomplishing anything that the geographic restrictions and other conditions don't also accomplish. He
would of course like the freedom to be out after dark, whether it be for employment or just social purposes. How
do you feel about this request? Do I need to contact his PO in Idaho, or will you?
Matthew McHenry
Attorney at Law
Levine & McHenry
503.546.3927
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