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United States v. Desjarlais

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA NORTHWESTERN DIVISION


June 15, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
GARY ROY DESJARLAIS, DEFENDANT.

The opinion of the court was delivered by: Charles S. Miller, Jr. United States Magistrate Judge

ORDER

On June 2, 2009, the defendant, Gary Roy Desjarlais, made his initial appearance on a petition for revocation of supervised release. He subsequently waived his right to detention and preliminary hearings. He is being held at the North Central Regional Correction Center in Rugby, North Dakota, pending a revocation hearing on June 29, 2009.

On June 10, 2009, Desjarlais filed a Motion to Vacate Supervised Release Condition. He seeks an order from the court vacating a condition of his supervised release prohibiting him from having contact with his wife, Tammy Desjarlais.*fn1 Attached to the motion is an affidavit from Tammy Desjarlais wherein she requested that the "no contact" condition be lifted.

The Government filed a response to the Desjarlais's motion on June 12, 2009, stating that it had no objection to the suspension of the "no contact" condition while Desjarlais is incarcerated and pending his revocation hearing.

Accordingly, the court GRANTS Desjarlais's motion (Docket No. 37) in part and ORDERS that the condition of supervised release that prohibits him from having contact with Tammy Desjarlais be suspended pending his revocation hearing.


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