UNITED STATES OF AMERICA,

VERSUS

DIANE NOMAD

The Defendant, Diane Nomad, by her attorney the Federal Public Defender, moves this Court pursuant to 18 U.S.C. 3143 et seq to modify her condition of release pending appeal in this case. In support of this motion Ms. Nomad will show as follows:

(A) Ms. Nomad was tried and convicted of Audio Disturbances, a violation of 36 CFR 2.12(a)(1)(i), on April 16, 1991 before the Honorable Royce Lamberth, United States District Court Judge.

(B) Ms. Nomad was sentenced to seven days in the custody of the Attorney General and to pay a special assessment of fifteen dollars. Ms. Nomad filed her appeal, timely.

(C) The court stayed the execution of the sentence to allow Ms. Nomad to appeal the issues raised in the trial. The court ordered Ms. Nomad to continue on her previous conditions of release.

(D) Ms. Nomad requests that the court modify the conditions of her release in reference to travel and reporting to pretrial services.

(A) Ms. Nomad seeks permission to leave the District of Columbia to return to her home Missouri or elsewhere with family members and friends.

(B) Ms. Nomad seeks permission to be allowed to phone pretrial Services twice monthly instead of twice weekly.

(E) Since Ms. Nomad's conviction, she has not violated the terms and conditions of her release. The government, Mr. Brian Murtagh, does not oppose this motion. Pretrial services, Ms. Janice Bergen, does not oppose this motion.

(F) If the Court were to permit Ms. Nomad to leave this jurisdiction pending appeal she can be reached at the following by United States mail; 611 West Broadway, Columbia, Missouri 65203 or by telephone at (314) 443-5985. As part of Ms. Nomad's plans she will be visiting the District of Columbia while participating in various political and social affairs. She can be reached by phone at (202) 462-0757. In addition, she will notify the Federal Public Defender and Federal Pretrial Services of any changes in here living and travel arrangements.

(G) Ms. Nomad has been informed of the consequences of any failure to appear or custodial purposes or any other court proceedings.

WHEREFORE, Ms. Nomad requests the Court to modify her release as cited herein.

Respectfully submitted,

A.J. KRAMER
FEDERAL PUBLIC DEFENDER

MICHAEL . WALLACE, E ESQUIRE
Assistant Federal Public Defender
625 Indiana Avenue, Suite 550
Washington, D.C. 20004
(202) 208-7500

I, HEREBY CERTIFY, that a true and accurate of the foregoing motion was mailed, first class, postage prepaid, to the Brian Murtagh, Assistant United States Attorney, 555 4^th Street, NW, Washington, D.C. 20001, on this 14^th day of June, 1991.

Michael C. lace, Esquire
Assistant Federal Public Defender

UNITED STATES OF AMERICA

VERSUS

DIANE NOMAD

The Court having considered Ms. Nomad's motion to modify her conditions of release, the defendant's motion be and the same hereby is granted, and it is

FURTHER ORDERED, that Ms. Diane Nomad's previous conditions of release are modified to allow her to return to her home at 611 West Broadway, Columbia, Missouri, and to report to Pretrial Services by phone twice a month. Ms. Nomad shall make herself available to the United States Marshal if notified of adverse ruling her on appeal.

All previous conditions of release are unaffected by this modification and are still in effect.

So Ordered, this day _____ of __________________________, 1991.

ROYCE LAMBERTH
UNITED STATES DISTRICT JUDGE
FOR THE DISTRICT OF COLUMBIA