Free Motion to Amend/Correct - District Court of Colorado - Colorado

Case 1:01-cr-00410-EWN

Document 109

Filed 11/02/2007

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

CASE NO. 01-cr-00410-EWN UNITED STATES OF AMERICA, Plaintiff, v. FRANK HERBERT WONSCHIK, JR., Defendant.

MOTION TO AMEND CONDITIONS OF RELEASE

The defendant, Frank Wonschik, by the undersigned, moves, pursuant to 18 U.S.C.§3145(a)(2), to amend the conditions of the release order entered by the U.S. Magistrate Judge on November 1, 2007, to remove the requirement that the defendant reside in a halfway house. The defendant is facing a supervised release revocation hearing, scheduled for November 20, 2007 at 9:00 a.m. On November 1, 2007, there was a preliminary examination and detention hearing held. The U.S. magistrate Judge found there was probable cause to believe the defendant should be held to answer on the allegations in the petition. (Docket # 108, attached.) The Magistrate-Judge also ordered that the defendant be released on a $10,000.00 unsecured bond. One condition of release was that the defendant reside in a halfway house. (Id.)

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Case 1:01-cr-00410-EWN

Document 109

Filed 11/02/2007

Page 2 of 4

The defendant now asks that the Magistrate-Judge's order be amended to remove this condition. He is concerned that by not being released immediately (because he must wait for bed space to become available at the halfway house) his business will suffer irreparable harm. The defendant has been working in the oil and gas industry for about twenty years. There are currently several business opportunities, namely leases, that are time sensitive, and that the defendant says he will miss out on if he is not released from custody right away so he may take advantage of them. The Court will recall that back in 2002 the defendant went to trial on a charge of possessing an automatic weapon, an AR - 15 rifle and a converter kit. He was convicted and, on May 17, 2002, was sentenced to 27 months in prison, followed by three years of supervised released. According to the presentence report prepared in connection with sentencing, the defendant was summoned to appear for arraignment on the indictment, which he did. He was released on a $10,000.00 unsecured bond. The defendant made all his court appearances, including sentencing, and was allowed to voluntarily surrender to serve his sentence, which he also did.

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Case 1:01-cr-00410-EWN

Document 109

Filed 11/02/2007

Page 3 of 4

Given his track record on pretrial release, the defendant believes that a halfway house placement is unnecessary to reasonably assure his presence in court on November 20, 2007 for the revocation proceedings. Accordingly he asks that this Court amend the order of release to remove this condition so he can get out of jail as soon as possible.

Respectfully submitted, RAYMOND P. MOORE Federal Public Defender

s/ Warren R. Williamson Warren R. Williamson Assistant Federal Public Defender 633 17th Street, Suite 1000 Denver, CO 80202 Telephone: (303) 294-7002 FAX: (303) 294-1192 [email protected] Attorney for Defendant

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Case 1:01-cr-00410-EWN

Document 109

Filed 11/02/2007

Page 4 of 4

CERTIFICATE OF SERVICE

I hereby certify that on November 2, 2007, I electronically filed the foregoing 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: James Allison, AUSA email: [email protected] and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participant in the manner (mail, hand-delivery, etc.) indicated by the non-participant's name: Jennifer Nuanes (via E-mail) U.S. Probation Dept. [email protected] Frank Wonschik, Jr. (Via Mail) Reg. No. 30748-013 c/o FDC

s/ Warren R. Williamson Warren R. Williamson Assistant Federal Public Defender 633 17th Street, Suite 1000 Denver, CO 80202 Telephone: (303) 294-7002 FAX: (303) 294-1192 [email protected] Attorney for Defendant

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