USA v. Salvador et al

ORDER - 1

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

UNITED STATES OF AMERICA,

Plaintiff,

v.

EVEN BARAJAS-MARTINEZ,

Defendant.
No. 2:23-CR-00046-MKD-11

ORDER FOLLOWING
DETENTION REVIEW HEARING

MOTION GRANTED
(ECF No. 223)

On July 17, 2023, the Court held a detention review hearing for EVEN
BARAJAS-MARTINEZ. Defendant appeared while out of custody with Assistant
Federal Defender Amy Rubin. Assistant U.S. Attorney Allie Jensen represented
the United States. U.S. Probation Officer Erik Carlson was also present
Defendant, through counsel, made factual proffers in support of Defendant
remaining furloughed to attend outpatient treatment services as proposed in
Defendant’s Motion to Modify Conditions of Release, ECF No. 223. The United
States and U.S. Probation were both agreement and did not oppose Defendant’s
release proposal. The Court addressed the Defendant.
The Court has reviewed Defendant’s Motion to Modify Conditions of
Release, ECF No. 223. After consideration of Defendant’s Motion, ECF No. 223,
the Court GRANTS Defendant’s Motion.
Defendant shall be released from inpatient substance treatment on July 18,
2023, to attend outpatient treatment, on the previously ordered conditions of
pretrial release set forth in the Court’s prior Order at ECF No. 188, subject to the
following modifications and additional conditions, including that he appears for all
hearings and that he remains in contact with his counsel. The Court strikes
FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
SEAN F. MCAVOY, CLERK
Jul 24, 2023
Case 2:23-cr-00046-MKD ECF No. 229 filed 07/24/23 PageID.<pageID> Page
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ORDER - 2

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Paragraph 4, requiring the Defendant to be returned to the custody of the U.S.
Marshal Service upon completion of treatment, absent further order of the Court in
the Order Following Arraignment on Superseding Indictment and Detention
Review Hearing, ECF No. 188, and imposes the following additional conditions:
1) Defendant must reside at approved residence and may not change
residences without prior approval from Pretrial Services.
2) Defendant shall participate in outpatient treatment and follow all
treatment recommendations of treatment and Pretrial Services.
3) Defendant shall submit to random urinalysis and/or breathalyzer testing
as directed by the United States Probation/Pretrial Services Office for
determining whether the Defendant is using a prohibited substance.
Such methods may be used with random frequency and include urine
testing, the wearing of a sweat patch, a remote alcohol testing system,
and/or any form of prohibited substance screening or testing up to six
times per month.
4) Defendant shall refrain from any use of alcohol.
5) Defendant may go to an establishment where alcohol is the primary
item of sale while performing as an entertainer if approved in advance
by Pretrial Services. Defendant may not consume alcohol while at
these locations.
6) Defendant may travel to the Western District of Washington for the
purposes of visiting his child or addressing childcare issues with
advance approval by Pretrial Services.
IT IS SO ORDERED.
DATED July 24, 2023.

_____________________________________
JAMES A. GOEKE
UNITED STATES MAGISTRATE JUDGE

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