Free Response to Motion - District Court of Colorado - Colorado

Case 1:01-cr-00410-EWN

Document 110

Filed 11/07/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Criminal Case No. 01-cr-00410-EWN UNITED STATES OF AMERICA, Plaintiff, v. FRANK HERBERT WONSCHIK, JR., Defendant. ______________________________________________________________________________ GOVERNMENT'S RESPONSE TO DEFENDANT'S "MOTION TO AMEND CONDITIONS OF RELEASE" ______________________________________________________________________________ The United States of America, by Assistant United States Attorney James R. Allison, responds as follows in opposition to the Defendant's "Motion to Amend Conditions of Release". On November 1, 2007, the Court found probable cause as to all ten allegations in the petition for the revocation of the Defendant's supervised release. The Court further concluded that pursuant to 18 U.S.C. § 3143(b), that the defendant could be released on condition that he post a $10,000 unsecure bond and reside in a halfway house pending a hearing on the allegations in the petition. The Defendant objects to the halfway house placement as a condition of his release. The only grounds apparently supporting the Defendant's motion is his statement that he will lose "several business opportunities, namely leases" should he have to reside in a halfway house. The evidence at the detention hearing established that the Defendant unilaterally decided not to comply with the terms and conditions of his supervised release during the final weeks of

Case 1:01-cr-00410-EWN

Document 110

Filed 11/07/2007

Page 2 of 3

his period of supervision. Included in the petition are allegations of drug and alcohol use, violations of his conditions of supervised release. His refusal to comply with the simplest of requests of his probation officer was blatant and clearly intentional. To now complain that his business will be hurt because he must reside in a halfway house because of the conscious decisions he made does not give rise to a reason to modify the conditions of his release. It is the government's position that there has been an insufficient showing of change of circumstances indicating that the conditions of release ordered by the Court are unreasonable at this time. WHEREFORE, the government would respectfully request that the Defendant's motion be denied. Respectfully submitted, TROY A. EID United States Attorney

By: s/James R. Allison JAMES R. ALLISON Assistant U.S. Attorney United States Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Fax: (303) 454-0403 E-mail: [email protected] Attorney for the Government

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Case 1:01-cr-00410-EWN

Document 110

Filed 11/07/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 7th day of November, 2007, I electronically filed the foregoing GOVERNMENT'S RESPONSE TO DEFENDANT'S "MOTION TO AMEND CONDITIONS OF RELEASE" with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Warren Williamson [email protected] and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner (mail, hand deliver, etc.) indicated by the non-participant's name: (None)

By: s/ Veronica Ortiz VERONICA ORTIZ Legal Assistant 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Facsimile: (303) 454-0403 E-mail: [email protected]

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