Case 1:12-mj KMT Document 31 Filed 08/09/12 USDC Colorado Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

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1 Case 1:12-mj KMT Document 31 Filed 08/09/12 USDC Colorado Page 1 of 5 Criminal Case No. 12-mj KMT UNITED STATES OF AMERICA, v. Plaintiff, 1. DAVID PAUL MOE Defendant. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO MOTION TO ADD CONDITIONS OF RELEASE The United States of America, by and rough John F. Walsh, United States Attorney for e District of Colorado, Alecia Riewerts Wolak, Assistant United States Attorney, and Lillian Alves, Special Assistant United States Attorney, respectfully requests at e Court add e conditions of release discussed below. On August 8, 2012, e Court issued an order setting conditions of release at states, I will permit e Government to advocate for reasonable conditions of release. Doc. 30, pp The Court s current conditions of release, which e Government understands to be in addition to e standard conditions of release set by e U.S. Probation Office, are: (1) a property bond for e home where Defendant was living at e time of his arrest, in e full amount of e equity in e home; (2) home incarceration (wi no permission to leave e dwelling oer an for court appearances); (3) active GPS monitoring, which shows in real time Defendant s current location; (4) avoiding all contact wi any minor children;

Walsh, United States Attorney for e District of Colorado, Alecia Riewerts Wolak, Assistant United States Attorney, and Lillian Alves, Special Assistant United States Attorney, respectfully requests

2 Case 1:12-mj KMT Document 31 Filed 08/09/12 USDC Colorado Page 2 of 5 (5) residence at Defendant s parents home and placement in eir custody, wi em agreeing to (a) supervise e Defendant, (b) use every effort to assure e Defendant s appearance at all court proceedings, and notify e Court immediately if e Defendant violates a condition of release or is no longer in e custodian s custody; (6) prohibition from Defendant accessing e internet; (7) prohibition from e Defendant accessing, possessing, or viewing any pornography, child or adult; (8) prohibition from e Defendant subscribing to any Internet service; (9) requiring at e Defendant and/or his parents shall cancel any Internet service and provide verification of cancellation to e Probation Office; (10) allowing e Probation Office to monitor access to personal computers or laptops and allowing e Probation Office entrance to his residence for such purpose; (11) purging any personal computers or electronic devices of all existing image files containing pornography wiin 24 hours of release; (12) prohibition from use of any encryption software; (13) undergoing a mental heal evaluation and participating in a program of mental heal treatment, as approved by e supervising probation officer. Doc. 30, pp The Government requests at e Court add e following conditions related to e Defendant s ability to access computers and oer devices at access e Internet as follows and amend e above conditions to e extent ey conflict wi e following conditions: (1) Prohibition of any computer in e home. (2) Prohibition of any device in e home which is able to access e Internet. (3) The Defendant shall allow e Probation Office to monitor wheer e Defendant has access to computers and any device which is able to access e Internet and will allow e Probation Office entrance to his residence for such purpose. -2-

(6) prohibition from Defendant accessing e internet; (7) prohibition from e Defendant accessing, possessing, or viewing any pornography, child or adult; (8) prohibition from e Defendant subscribing

3 Case 1:12-mj KMT Document 31 Filed 08/09/12 USDC Colorado Page 3 of 5 (4) When e Defendant leaves e home for court appearances, he must be accompanied by anoer adult approved by Pretrial Services, such as one of his parents. The basis for e conditions discussed above is at e Defendant will reside in a residential neighborhood in e Denver metropolitan area where wireless networks, some of which may not be encrypted, can be expected to exist. While curtailing availability of e Internet at e home at which e Defendant is to reside is helpful, is condition would not prevent e Defendant from accessing e Internet using a computer or device wi wireless capacity from inside e home. Additionally, accompaniment to court appearances will ensure at e Defendant does not access e Internet going to or returning from Court. -3-

The basis for e conditions discussed above is at e Defendant will reside in a residential neighborhood in e Denver metropolitan area where wireless networks, some of which may not be encrypted, can

4 Case 1:12-mj KMT Document 31 Filed 08/09/12 USDC Colorado Page 4 of 5 WHEREFORE, e Government respectfully requests at e bond conditions discussed above be added. Respectfully submitted is 9 day of August, Respectfully submitted, John F. Walsh UNITED STATES ATTORNEY s/alecia Riewerts Wolak ALECIA RIEWERTS WOLAK Assistant U.S. Attorney St., Ste. 700 Denver, CO Fax: Alecia.Riewerts.Wolak@usdoj.gov s/lillian Alves LILLIAN ALVES Special Assistant U.S. Attorney St., Ste. 700 Denver, CO Fax: Lillian.Alves@usdoj.gov Attorneys for Government -4-

Walsh UNITED STATES ATTORNEY s/alecia Riewerts Wolak ALECIA RIEWERTS WOLAK Assistant U.S. Attorney 1225 17 St., Ste.

5 Case 1:12-mj KMT Document 31 Filed 08/09/12 USDC Colorado Page 5 of 5 CERTIFICATE OF SERVICE I hereby certify at on is 9 day of August, 2012, I electronically filed e foregoing MOTION TO ADD CONDITIONS OF RELEASE and attachment wi e Clerk of e Court using e CM/ECF system which will send notification of such filing to e following address: G. Paul McCormick paul@mccormickkennedy.com s/ Denise Guerra DENISE GUERRA 1225 Seventeen Street, Suite 700 Denver, Colorado Facsimile: denise.guerra@usdoj.gov -5-

CM/ECF system which will send notification of such filing to e following e-mail address: G. Paul McCormick paul@mccormickkennedy.

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION. Plaintiffs Civil Action File v. No.

Case 1:94-cv-00240-GET Document 121-1 Filed 06/17/2005 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION SAM STINSON, on his behalf and on behalf of all persons