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feder law office, p.a.

2930 e. camelback road, suite 160

phoenix, arizona 85016

(602) 257-0135

bf@federlawpa.com

fl@federlawpa.com

Bruce Feder - State Bar No. 004832

Attorney for Defendant, Scott Spear

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

United States of America, )

)

Plaintiff, )

)

vs. )

)

Scott Spear. )

)

Defendant. )

NO. CR18-00422 PHX SPL

UNOPPOSED MOTION TO MODIFY

RELEASE CONDITIONS

The accused, Scott Spear, by and through his attorneys undersigned, and pursuant to 18

U.S.C. §3142(c)(1)(B) & (3), moves this court for an Order modifying Mr. Spear’s release

conditions to allow him to consume alcohol not to excess, and to negate the requirement that he

attend psychological counseling, for the reasons that:

1. Neither of the former release conditions are appropriate and/or necessary at present;

and

2. Neither the government nor the assigned Pretrial Services Officer opposes the

requested modifications.

This Motion is based on the attached Memorandum of Points and Authorities, the file in

this matter, and such other arguments and evidence as may be presented.

. . .

Case 2:18-cr-00422-DJH Document 231 Filed 07/25/18 Page 1 of 3
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MEMORANDUM OF POINTS AND AUTHORITIES

I. FACTS.

The accused, Scott Spear, was released on the present pretrial conditions on April 9, 2018

(See, Document 31). Since that date, Mr. Spear has been supervised by Pretrial Services and has

complied with all of these conditions. Although the defense asserted that conditions prohibiting

alcohol consumption and requiring psychological counseling were not initially necessary, Mr.

Spear has demonstrated to his Pretrial Services Officer that such conditions are no longer

necessary. The government, through its attorney, Kevin Rapp, has indicated it does not oppose

negating these conditions. Continuing these conditions causes unnecessary financial

expenditures for counseling.

Mr. Spear is a 67-year-old man who has lived in Arizona the substantial entirety of his life,

has most of his social connections in Arizona, has no criminal history, no substance abuse history,

no failure to appear history, or any other circumstance indicating he is either a flight risk or a

danger to the community.

II. LAW.

18 U.S.C. §3142(c)(1)(B) & (3) allows modification of conditions that are no longer

necessary and/or appropriate.

III. CONCLUSION.

Mr. Spear’s conditions of release should be modified to allow consumption of alcohol not

to excess, and his requirement to participate in mental health counseling should be negated.

RESPECTFULLY SUBMITTED this 25th day of July, 2018.

FEDER LAW OFFICE, P.A.

/s/ Bruce Feder

Attorney for Defendant, Scott Spear

. . .

Case 2:18-cr-00422-DJH Document 231 Filed 07/25/18 Page 2 of 3
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CERTIFICATE OF SERVICE

I hereby certify that on the 25th day of July, 2018, I electronically transmitted the foregoing

to the Clerk of the Court via the CM/ECF system for filing and transmittal of a Notice of Electronic

Filing to the following CM/ECF registrants:

Kevin Rapp: Kevin.Rapp@usdoj.gov

Andrew Stone: Andrew.Stone@usdoj.gov

Margaret Perlmeter: Margaret.Perlmeter@usdoj.gov

John Kucera: John.Kucera@usdoj.gov

Reginald Jones: Reginald.Jones@usdoj.gov

Peter S. Kozinets: Peter.Kozinets@usdoj.gov

Attorneys for the United States

Paul Cambria: pcambira@lglaw.com

James Grant: jimgrant@dwt.com

Erin McCampbell: emccampbell@lglaw.com

Robert Corn-Rever: bobcornrevere@dwt.com

Ronald London: ronnielondon@dwt.com

Janey Henze Cook: janey@henzecookemurphy.com

John Littrell: jlittrell@bmkattorneys.com

Kenneth Miller: kmiller@bmkattorneys.com

Thoms Bienert: tbienert@bmkattorneys.com

Michael Piccarreta: mlp@pd-law.com

Stephen M. Weiss: sweiss@karpweiss.com

Michael Kimerer: mdk@kimerer.com

Tom Bienert: tbienert@bmkattorneys.com

Gary Lincenberg: gsl@birdmarella.com

Attorneys for the Defense

By: /s/ A. Jones

Case 2:18-cr-00422-DJH Document 231 Filed 07/25/18 Page 3 of 3