USA v. Velasquez

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America, 	)
)
Plaintiff, 	) 	ORDER SETTING CONDITIONS
) 	OF RELEASE
vs. 	)
)
Richard Valenzuela Velasquez, 	) 	Case No. 1:20-cr-25
)
Defendant. 	)
Defendant’s Motion to Reconsider Order of Detention is before the Court. (Doc. No. 20).
Defendant was detained pending trial after a detention hearing on February 13, 2020. (Doc. No.
18). Defendant now provides additional information regarding suitability for release, including:
defendant’s fiancée is willing to share a residence, evidence of defendant’s positive employment
history in North Dakota, and details of defendant’s criminal history, which reveal a lack of relevant
warrants or holds. Defendant amended the motion to reflect the job opportunity no longer existed,
but defendant’s employer is willing to re-hire defendant when oil and gas related activity picks up.
(Doc. No. 24).
The United States opposes the motion, contending the information provided by defendant
does not materially change the risks posed by release. The United States initially cited a no-contact
order prohibiting defendant from contact with defendant’s fiancée and defendant’s past failures to
update defendant’s sex offender registration status. (Doc. No. 22). The United States filed a
supplemental pleading stating the “no contact” order was no longer in effect. (Doc. No. 23). The
court order removing the contact restriction which is attached as an exhibit to the supplemental
pleading is dated June 20, 2019.
The Court has considered all available information, including investigation and recent
interviews by Pretrial Services, proffers of evidence, and arguments of the parties. The Court notes
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in particular the evidence of defendant’s available options for residence and employment. The
Court finds there are conditions of release that will reasonably assure the safety of the community
and defendant’s appearance at future proceedings. As such, defendant’s motion (Doc. No. 20) is
GRANTED. Once notified by the United States Pretrial Services Office that location monitoring
is in place, United States Marshal’s Service shall release defendant subject to the below conditions:
1. 	Defendant shall report to the Pretrial Services Officer at such times and in such manner as
designated by the Officer.
2. 	Defendant shall not violate federal, state, tribal, or local law while on release.
3. 	Defendant shall appear in court as required and surrender for any sentence imposed.
4. 	Except upon prior approval from the Pretrial Services Officer, the defendant's travel is
restricted to North Dakota.
5. 	The defendant shall refrain from: any use of alcohol; any use or possession of a narcotic
drug and other controlled substances defined 21 USC 802 or state statute, unless prescribed
by a licensed medical practitioner; and any use of inhalants. 	Defendant shall submit to
drug/alcohol screening at the direction of the Pretrial Services Officer to verify compliance.
Failure or refusal to submit to testing or tampering with the collection process or specimen
may be considered the same as a positive test result.
6. 	Defendant shall not possess a firearm, destructive device, or other dangerous weapon.
7. 	Defendant shall undergo a substance abuse and/or mental health evaluation if required by
the 	Pretrial 	Services 	Officer 	and 	comply 	with 	resulting 	counseling 	or 	treatment
recommendations.
8. 	Defendant shall reside with Tracy McComas at the address provided to Pretrial Services
and not change this residence without prior approval of the Pretrial Services Officer.
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9. 	Defendant shall submit his/her person, residence, vehicle, and/or possessions to a search
conducted by a Pretrial Services Officer at the request of the Pretrial Services Officer.
Failure to submit to a search may be grounds for revocation of pretrial release. Defendant
shall notify any other residents that the premises may be subject to searches pursuant to
this condition.
10. Defendant shall be monitored by the form of location monitoring indicated below and shall
pay all or part of the costs of participation in the location monitoring program as directed
by the Court and the pretrial service officer:
Radio Frequency (RF) Monitoring
The form of location monitoring technology shall be used to monitor the following
restriction on the defendant’s movement in the community as well as other court-imposed
conditions of release:
You are restricted to your residence at all times except for employment, education,
religious services, medical, substance abuse or mental health treatment, attorney visits,
court appearances, court-ordered obligations or other activities as pre-approved by the
officer (Home Detention).
IT IS SO ORDERED.
Dated this 30th day of March, 2020.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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