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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 22-CR-20340-WILLIAMS

UNITED STATES OF AMERICA,

vs.

MASPHAL KRY,

Defendant.

_________________________________/

DEFENDANT MASPHAL KRY’S REPLY IN SUPPORT OF 

MOTION TO MODIFY CONDITIONS OF RELEASE

The Court should grant Mr. Kry’s Motion to Modify Conditions of Release (the “Motion”). 

Mr. Kry’s record of perfect compliance with his conditions of release support a finding that the

proposed modifications will reasonably assure his presence before the Court, particularly 

considering the conditions of release that will remain unchanged; namely: (1) Mr. Kry’s passport 

is surrendered to the United States Fish and Wildlife Service; (2) Mr. Kry wears a GPS ankle 

bracelet monitored by Pretrial Services for the Eastern District of Virginia (“EDVA”); and (3) a 

$75,000 bond is posted by his sister-in-law and surety, AnneLynne Um, and secured by her family’s 

home. See ECF No. 38 (incorporating the original conditions of release imposed by Magistrate 

Judge Marcia M. Henry in the Eastern District of New York); United States v. Kry, 22-mj-01230-

MMH, ECF No. 15 (E.D.N.Y. Dec. 5, 2022) (setting original conditions of release)). 

The proposed modifications and the unchanged modifications are sufficient to reasonably 

assure Mr. Kry’s appearance as required, and the government’s Opposition does not assert 

otherwise. Mr. Kry is committed to proving his innocence and making all required appearances 

before this Court. As the government notes in its Opposition, neither Vakida Wilson of Pretrial 

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Services for the EDVA nor Officer Harry Marcelin of Probation for the Southern District of Florida 

raised concerns about Mr. Kry’s proposed modifications; indeed, defense counsel drafted Mr. Kry’s 

proposed modifications based on Officer Wilson’s and Officer Marcelin’s guidance as to 

permissive Outings for defendants on home detention. Mr. Kry’s record of perfect compliance

supports the Court’s finding that the proposed modifications—permitting Mr. Kry to leave the 

home, to which he is confined and shares with six individuals, for (i) one 90-minute window each 

day for a walk, (ii) outings pre-approved by pre-trial services, and (iii) to travel, unaccompanied, 

the thirty-one miles from Springfield, Virginia to Akin Gump’s DC offices—will continue to

reasonably assure his appearance.

For the foregoing reasons, Mr. Kry respectfully moves the Court to grant his Motion to 

Modify Conditions of Release, ECF No. 141.

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Dated: July 10, 2023 Respectfully submitted, 

By: Mark J. MacDougall

Mark J. MacDougall (Pro Hac Vice)

Stacey H. Mitchell (Pro Hac Vice)

Allison T. Coffin (Pro Hac Vice)

Dakota L. Kann (Pro Hac Vice)

Jane M. Mahan (Pro Hac Vice)

Nicole L. Franklin (Pro Hac Vice)

Counsel for Masphal Kry

Akin Gump Strauss Hauer & Feld LLP

2001 K Street NW

Washington, DC 20006

Telephone: (202) 887-4000

Fax: (202) 887-4288

E-mail: mmacdougall@akingump.com

 shmitchell@akingump.com

 acoffin@akingump.com

 dkann@akingump.com

 jmahan@akingump.com

 nfranklin@akingump.com

John R. Byrne

John R. Byrne (Fla. Bar Number: 0126294)

john@maderalbyrne.com

Counsel for Masphal Kry

Maderal Byrne & Furst PLLC

2800 Ponce de Leon Boulevard, Suite 1100

Coral Gables, FL 33134

Telephone: (305) 520-5690

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