Free Motion to Modify Conditions of Release - District Court of Arizona - Arizona

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Alfred S. Donau III Arizona State Bar #3540 Pima County Bar #14784 DONAU & BOLT 3505 North Campbell Avenue, Suite 501 Tucson, Arizona 85719-2033 Telephone (520) 795-8710 Attorneys for Defendant LEON-RODRIGUEZ IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA UNITED STATES OF AMERICA, ) ) ) ) ) ) ) ) ) ) )

9 Plaintiff, 10 vs. 11 JAVIER LEON-RODRIGUEZ 12 Defendant. 13 14

CR-02-354-PHX-FJM MOTION TO MODIFY CONDITIONS OF SUPERVISED RELEASE

COMES NOW, the Defendant, JAVIER LEON-RODRIGUEZ, and through counsel 15 undersigned, and hereby moves this Court for an order permitting Mr. Leon-Rodriguez to travel from 16 Calexico, California September 8, 2006 to Mexicali BC for the purpose of examining the books and 17 records of his business, meeting with his administrator and employees and inspecting the business. 18 Javier Leon-Rodriguez and his family have owned, for several years, Fu-ling, a large 19 Chinese restaurant located in Mexicali, BC. It has been a considerable period of time since Mr. Leon20 Rodriguez has been able to personally check on the business. Mr. Leon-Rodriguez has enquired of 21 community supervising release officers who thus far have declined his request to visit his business. 22 Mr. Leon-Rodriguez has been released from prison now for over a year and three months. 23 He filed a similar request months ago with a previous attorney who apparently misinterpreted the position 24 of the community release supervisor. Counsel undersigned has a month ago spoken with the supervisor 25 who continues to lodge an objection to the requested travel. However, counsel undersigned believes that 26 a travel can be constructed that appropriately assures release supervision and at the same time gives Mr. 27 Leon-Rodriguez an opportunity to oversee the family business that is vital to his support. 28 1

Case 2:02-cr-00354-FJM

Document 256

Filed 08/11/2006

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Counsel undersigned believes that Mr. Leon-Rodriguez can travel on Friday, September 8, 2006 from Phoenix to Calexico, California. He will be staying at 1199 Holdridge Street, telephone number, 760-768-1832. Upon leaving Calexico for Fu-Ling's, which is located at 452 Benito Juarez Boulevard, Mexicali BC, he will call the release supervisor. He will then return Friday night to Calexico, California and call his release supervisor from the above-stated number. The same procedure would occur for Saturday, September 9th and Sunday, September 10th. After three days of visiting the business, reviewing the records and meeting with employees and staff, Mr. Leon-Rodriguez should not have the necessity of traveling again to Mexicali for several months. WHEREFORE, IT IS RESPECTFULLY REQUESTED that Mr. Leon-Rodriguez be permitted to travel as above-requested. RESPECTFULLY submitted this 11th day of August, 2006. DONAU & BOLT Attorneys for Defendant JAVIER LEON-RODRIGUEZ _/s/_________________________ Alfred S. Donau III

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Case 2:02-cr-00354-FJM

Document 256

Filed 08/11/2006

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