Thursday, November 5, 2009

Order from the Court Denying Metion

See also:

Before the Court is Defendant Javier Bautista's Motion to Amend Conditions of Release and Advance Hearing Date and the United States' Response. Defendant seeks to remove the condition set by Justice of the Peace Ortley that he "shall not enter Glacier National Park except to make court appearances or for purposes of employment.' Defendant also seeks to advance his appearance, currently scheduled for August 21, 2009.

First, Defendant has not shown that there is any new information, that was not known to him at the time of his initial detention hearing before Justice of the Peace Ortley, that has a material bearing on the issue of his conditions of release. See 18 U.S.C. S 3142(f).

Absent this showing, he is not entitled to a new detention hearing. Id. Further, the facts left out of Defendant's brief, but offered by the United States, show that the condition in question is necessary to ensure the safety of the community.


Second, Defendant's currently scheduled hearing date is the first available date in Glacier National Park. It w1ll not be advanced.

Therefore, IT IS HEREBY ORDERED that:

1. Defendant's Motion to Amend Conditions of Release and Advance Hearing Date iS DENIED.
2. Defendant's appearance remains scheduled for Friday, August 21, 2009 at 9:00 in West Glacier, Montana.

DATED this 30th day of June, 2009.


See also:
Posted by at
Labels: , , , ,

No comments:

Post a Comment

Subscribe to: Post Comments (Atom)