PAGE 1 – MOTION FOR MODIFICATION OF RELEASE 

CONDITIONS – REMOVAL OF LOCATION MONITORING AND 

HOME DETENTION 

h:\kjar, wesley - 1285\motion to modify conditions of release - ankle bracelet removal.docx 5/17/2016 

James F. Halley, P.C. 

Attorney At Law 

The Strowbridge Bldg.  735 S.W. First Ave., 2d. Floor 

Portland, OR 97204-3326 

Tel: (503) 295-0301 Fax: (503) 228-6551 

jimhalley@halleylaw.com

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

UNITED STATES OF AMERICA, 

 Plaintiff, 

 vs. 

WESLEY KJAR, 

 Defendant 

No 3:16-cr-00051-18-BR 

MOTION FOR MODIFICATION OF 

RELEASE CONDITIONS – REMOVAL 

OF LOCATION MONITORING AND 

HOME DETENTION 

[18 U.S.C. §3142(c)(3)] 

I. CERTIFICATE OF COMPLIANCE WITH CONFERRAL ORDER. 

 Based on an email exchange with AUSA Craig Gabriel, counsel for defendant 

Wesley Kjar understands that the government takes no position on this motion for 

modification of defendant’s release conditions. 

II. POSITION OF OTHER DEFENDANTS. 

 This motion is being filed solely on behalf of defendant Wesley Kjar since it 

relates only to his release conditions and does not affect other defendants. 

III. MOTION. 

 Pursuant to 18 U.S.C. §3142(c)(3), defendant Wesley Kjar moves for an order 

James F. Halley, OSB 91175 

JAMES F. HALLEY, P.C. 

The Strowbridge Building 

735 SW First Ave., 2nd Floor 

Portland, OR 97204 

503/295-0301; 503/228-6551 (fax) 

jimhalley@halleylaw.com

Attorney for Defendant Wesley Kjar 

Case 3:16-cr-00051-BR Document 579 Filed 05/17/16 Page 1 of 3
PAGE 2 – MOTION FOR MODIFICATION OF RELEASE 

CONDITIONS – REMOVAL OF LOCATION MONITORING AND 

HOME DETENTION 

h:\kjar, wesley - 1285\motion to modify conditions of release - ankle bracelet removal.docx 5/17/2016 

James F. Halley, P.C. 

Attorney At Law 

The Strowbridge Bldg.  735 S.W. First Ave., 2d. Floor 

Portland, OR 97204-3326 

Tel: (503) 295-0301 Fax: (503) 228-6551 

jimhalley@halleylaw.com

modifying the conditions of his pretrial release removing the location monitoring 

condition which currently requires that he wear an active GPS Monitor ankle bracelet 

and that he abide by a home detention condition. The Honorable Stacie F. Beckerman 

imposed the location monitoring condition on March 2, 2016 in United States v. Kjar, et. 

al., #3:16-cr-00064-02-JO (CR 64 in case number 3:16-cr-00064-02-JO). The condition 

remained in place when the court amended Mr. Kjar’s release order on March 4, 2016 

(CR 67 in case number 3:16-cr-00064-02-JO). 

 This motion is made on the grounds that Mr. Kjar has performed well on pretrial 

release, that he has been continuously employed since returning to Utah following his 

release, that he has faithfully complied with the requirements of the location monitoring 

program, and that the electronic monitoring ankle bracelet and home detention schedule 

interfere with his current work obligations in the construction industry. 

 The government takes no position on the motion. 

 The Pretrial Services Office reports that removal of the location monitoring 

condition, including the home detention requirement, would be appropriate given Mr. 

Kjar’s compliance with his release conditions. 

 This motion is supported by an accompanying declaration of counsel. 

 JAMES F. HALLEY, P.C. 

 /s James F. Halley 

 James F. Halley, OSB #91-175 

 Attorney for Wesley Kjar 

Case 3:16-cr-00051-BR Document 579 Filed 05/17/16 Page 2 of 3
PAGE 3 – MOTION FOR MODIFICATION OF RELEASE 

CONDITIONS – REMOVAL OF LOCATION MONITORING AND 

HOME DETENTION 

h:\kjar, wesley - 1285\motion to modify conditions of release - ankle bracelet removal.docx 5/17/2016 

James F. Halley, P.C. 

Attorney At Law 

The Strowbridge Bldg.  735 S.W. First Ave., 2d. Floor 

Portland, OR 97204-3326 

Tel: (503) 295-0301 Fax: (503) 228-6551 

jimhalley@halleylaw.com

CERTIFICATE OF SERVICE 

 I hereby certify that on May 17, 2016, I served the attached MOTION FOR 

MODIFICATION OF RELEASE CONDITIONS – REMOVAL OF LOCATION 

MONITORING AND HOME DETENTION [18 U.S.C. §3142(c)(3)] on: 

Ethan Knight 

Geoffrey Barrow 

Craig Gabriel 

Assistant United States Attorneys 

1000 SW Third Ave, 6th Floor 

Portland, OR 97204 

 by ___ having deposited in the United States Mail at Portland, Oregon a full, true 

and correct copy in a sealed envelope with postage prepaid, addressed as shown 

above, the last known address for the addressees listed; 

 by ___ having hand delivered to the attorneys shown above a full, true, and 

correct copy of the original. 

 by  electronic filing. 

 /s James F. Halley 

 James F. Halley, OSB #91175 

 The foregoing is a true, correct and complete copy of the original. 

 _______________________________ 

 James F. Halley, OSB #91175 

Case 3:16-cr-00051-BR Document 579 Filed 05/17/16 Page 3 of 3