Opinion
No. CR-S-08-0056-GEB
09-20-2012
UNITED STATES OF AMERICA, Plaintiff, v. ABRAHAM XA HER, Defendant.
DANIEL J. BRODERICK Federal Defender TIMOTHY ZINDEL Assistant Federal Defender Attorney for ABRAHAM XA HER BENJAMIN WAGNER United States Attorney RUSSELL CARLBERG Assistant U.S. Attorney
DANIEL J. BRODERICK, #89424
Federal Defender
TIMOTHY ZINDEL, Bar #158377
Assistant Federal Defender
Attorney for Defendant
ABRAHAM XA HER
STIPULATION AND ORDER MODIFYING
CONDITIONS OF SUPERVISED RELEASE
Judge: Garland E. Burrell, Jr.
It is hereby stipulated and agreed between defendant, Abraham Her, and plaintiff, United States of America, by and through their attorneys, as follows.
On September 14, 2012, the Court revoked supervised release, ordered a prison term, and ordered a new term of supervised release to commence upon Mr. Her's release from prison. Special condition no. 5 of the terms of supervised release prohibit Mr. Her from associating with any person known to be associated with an gang.
The parties agree that special condition no. 5 of supervised release may be modified to add the boldfaced, italicized language below:
The defendant shall not be a member of any gang; and shall not associate personally or in writing, or communicate directly or indirectly, with any person known by the defendant to be associated with, or a member of any gang except as approved in advance by the probation officer; [all remaining terms of the condition are unchanged].The purpose of this proposed change is to confer on the probation officer authority to allow Mr. Her to associate with persons (such as his brother-in-law, Lee Xiong) who have been identified as gang members but who are also persons he is expected to see because of family ties or other innocent connections.
Respectfully Submitted,
DANIEL J. BRODERICK
Federal Defender
______________
TIMOTHY ZINDEL
Assistant Federal Defender
Attorney for ABRAHAM XA HER
BENJAMIN WAGNER
United States Attorney
T. Zindel for R. Carlberg
RUSSELL CARLBERG
Assistant U.S. Attorney
ORDER
Special condition number 5 of supervised release ordered on September 14, 2012, is modified as set forth above.
IT IS SO ORDERED.
_______________________
GARLAND E. BURRELL, JR.
Senior United States District Judge