IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLORADO 

Criminal Action No. 11-cr-0355-MSK 

UNITED STATE OF AMERICA, 

 Plaintiff, 

v. 

2. JOHN PHILLIP GALLEGOS, 

 Defendant. 

______________________________________________________________________________ 

UNOPPOSED MOTION TO MODIFY CONDITIONS OF RELEASE 

______________________________________________________________________________ 

 John Phillip Gallegos, by counsel William L. Taylor and Darlene A. Bagley of Ridley, 

McGreevy & Winocur, P.C., hereby moves without opposition for an order of the Court 

releasing to him his United States Passport, and allowing Mr. Gallegos to travel to all fifty states, 

Canada and Mexico for the purposes of his job as a Flight Attendant with Alaska Airlines, in 

modification of the terms and conditions of his release from custody, as and on the grounds 

stated below: 

1. Mr. Gallegos was released from custody on conditions after a hearing held in the 

United States District Court for the Western District of Washington (Seattle) on September 2, 

2011. In accordance with the ordered conditions of his release in Seattle, on September 2, 2011, 

Mr. Gallegos surrendered his United States Passport to the clerk of the court in Seattle. Also 

among the conditions of his bond is that Mr. Gallegos not travel outside the continental United 

States. 

Case No. 1:11-cr-00355-MSK Document 37 filed 10/14/11 USDC Colorado pg 1 of 5
2. On September 28, 2011, Mr. Gallegos made his first appearance in the District of 

Colorado on this case. The conditions of his release were modified to require that, in addition to 

surrendering his passport, Mr. Gallegos also surrender his pilot’s license. He did so that same 

day. Doc. 33. 

3. Mr. Gallegos has at all times during the pendency of this case been employed as a 

Flight Attendant for Alaska Airlines, based out of Seattle, where he resides. It is a mandatory 

job requirement and bona fide occupational qualification to continue his employment at Alaska 

Airlines that Mr. Gallegos have in his possession his U.S. Passport, in order for him to fly to 

regular Alaska Airlines destinations in Canada and Mexico, and Hawaii and Alaska as well. See 

Affidavit of Jeffrey Peterson, Master Executive Council President for the Association of Flight 

Attendants-Communications Workers of America with Alaska Airlines, attached hereto as 

Exhibit A. As a Flight Attendant on reserve, Mr. Gallegos has no control over which flights he 

is assigned to work, and consequently must be able to fly to all of these destinations in order to 

maintain employment. Id. Without the return of his U.S. Passport Mr. Gallegos can expect to be 

terminated by Alaska Airlines because he will be unable to comply with mandatory requirements 

of the job. 

4. In addition to losing his job, Mr. Gallegos will lose his health insurance. If this 

occurs, Mr. Gallegos will be unable to afford the medication he is now taking for a lifethreatening condition. This could cause serious detriments to Mr. Gallegos’ health and life, for 

reasons previously presented to the Court in Mr. Gallegos pre-trial services report. 

5. After consultation concerning these issues with the Attorney for the Government, 

AUSA Linda Kaufman, undersigned counsel has been authorized to state to the Court that the 

Case No. 1:11-cr-00355-MSK Document 37 filed 10/14/11 USDC Colorado pg 2 of 5
Government does not oppose Mr. Gallegos’ request that his U.S. Passport be released, or that 

Mr. Gallegos be allowed to travel to all fifty of the United States and to Canada and Mexico, in 

modification of the conditions of his release, so long as (1) Mr. Gallegos execute a waiver of 

extradition from Canada and Mexico, and (2) immediately upon his assignment any such 

international flight Mr. Gallegos be required to notify his supervising probation officer of his 

assignment to the flight, his destination, his dates of travel, any changes to his itinerary that may 

occur while on the assignment, and when he has returned to the continental United States, and 

(3) that any travel outside the continental United States by Mr. Gallegos be only in connection 

with such flight assignments by Alaska Airlines. Such additional terms and conditions are, of 

course, acceptable to Mr. Gallegos. Attached hereto as Exhibit B please find a copy of Mr. 

Gallegos’ executed and notarized waiver of extradition that the Government requested in 

connection with this motion. 

6. Mr. Gallegos has been supervised on conditional release by the U.S. Probation 

Office in the Western District of Washington, as a courtesy to U.S. Probation in the District of 

Colorado. His current supervising Probation Officer in Seattle is Officer Mark Okano. 

Undersigned counsel, William Taylor, spoke with Mr. Okano on Thursday, October 13, 2011 

concerning his supervision of Mr. Gallegos, and regarding this motion. Officer Okano has 

authorized the undersigned to state to the Court that he does not object to the return of Mr. 

Gallegos’ U.S. Passport to him while on conditional release, with the additional terms and 

conditions outlined in paragraph 5. 

7. The undersigned has spoken with U.S. Probation Officer Sherrie Blake in the 

Grand Junction office, who has authorized the undersigned to state that she agrees to the 

modifications regarding Mr. Gallegos’ conditions of release. 

Case No. 1:11-cr-00355-MSK Document 37 filed 10/14/11 USDC Colorado pg 3 of 5
Mr. Gallegos respectfully requests that the Court issue an Order modifying Mr. Gallegos’ 

conditions of release by (1) releasing to Mr. Gallegos or his counsel his United States Passport, 

previously surrendered to and in the custody of the United States District Court for the Western 

District of Washington (Seattle), (2) permitting Mr. Gallegos to travel to Alaska and Hawaii, and 

to destinations served by Alaska Airlines in Canada and Mexico for the purpose of work 

assignments by Alaska Airlines only, and (3) requiring Mr. Gallegos to report to his supervising 

probation officer all international flight assignments when such assignments are made, his 

itinerary, any changes to his itinerary that occur while on assignment, and notifying his probation 

officer immediately upon his return to the United States. 

Dated October 13, 2011. 

Respectfully submitted. 

 /s/ William L. Taylor

William L. Taylor, #21098 

/s/ Darlene A. Bagley 

Darlene A. Bagley, #35728 

RIDLEY, MCGREEVY & WINOCUR P.C.

303 16th Street, Suite 200 

Denver, CO 80202 

Telephone: (303) 629-9700 

Fax: (303) 629-9702 

E-Mail: wltaylorpc@gmail.com; 

taylor@ridleylaw.com; 

bagley@ridleylaw.com

Attorneys for John Phillip Gallegos 

Case No. 1:11-cr-00355-MSK Document 37 filed 10/14/11 USDC Colorado pg 4 of 5
CERTIFICATE OF SERVICE

I hereby certify that on this 14th day of October, 2011, I served a true and correct copy of 

the foregoing UNOPPOSED MOTION TO MODIFY CONDITIONS OF RELEASE 

via CM/ECF filing to all parties listed therein including: 

Linda Kaufman 

Assistant United States Attorney 

United States Attorney’s Office 

1225 Seventeenth Street, Suite 700 

Denver, Colorado 80202 

Telephone: (303) 454-0100 

FAX: (303) 454-0401 

E-mail: Linda.Kaufman@usdoj.gov

Attorney for Government 

Edward A. Pluss 

Assistant Federal Public Defender 

633 17th Street, Suite 1000 

Denver, CO 80202 

Telephone: (303) 294-7002 

FAX: (303) 294-1192 

Edward_Pluss@fd.org 

Attorney for Defendant 

Paula M. Ray 

Paula M. Ray, P.C. 

P.O. Box 12554 

Denver, CO 80212-0554 

Telephone: 303-874-5170 

Email: paulamray@earthlink.net

 /s/ Suzy M. Kamps 

 Suzy M. Kamps 

Case No. 1:11-cr-00355-MSK Document 37 filed 10/14/11 USDC Colorado pg 5 of 5