Case 2:10-cr-01047-ROS Document 309 Filed 08/02/12 Page 1 of 3

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LOYD C. TATE
ATTORNEY AT LAW 1921 S. Alma School Road Suite 304 Mesa, Arizona 85210 (480) 345-1400 State Bar No. 014276 Attorney for Defendant UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America CR-10-1047-6-PHX-ROS Plaintiff, v. Idan C. Greenberg, Defendant. MOTION TO MODIFY CONDITIONS OF RELEASE (Oral Argument Requested)

The Defendant, Idan C. Greenberg, by and through undersigned counsel, requests the Court to modify certain conditions of release which were placed upon the Defendant. Pertinent Facts On July 30, 2010, Defendant was arrested and charged with a violation of 18 U.S.C. 371 and 2 (Conspiracy), 18 U.S.C. 922(o), 924(a)(2), and (2). 26 U.S.C. 5822, 5861(c) and 5871 and 18U.S.C 2. Defendant is charged in only 4 counts of the 107 count Indictment. Pursuant to a hearing to modify the Defendants release conditions Judge Murguia ordered in pertinent part: 2. Defendant is authorized to possess and access/sell firarms and ammunition with the exception of any machine gun. However, the defendant is authorized to possess machine guns for the sole purpose of instruction and consutation. The defendant shall not alter, remove or add plate to any firearms. The defendant shall not have access to machine guns with his inventory nor shall he buy or sell any machine guns. The defendant shall meet with the ATF agent to determine what is and is not considered a machine gun.

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Argument Defendant seeks to have the restriction to his inventory of machine guns removed as a conditions of his release. 18 U.S.C. 3142 (B) states in pertinent part: ...subject to the least restrictive further condition, or combination of conditions, that such judicial officer determines will reasonably assure the appearance of the person as required and the safety of any other person and the community... Defendant poses no danger to the community and has never been a danger to anyone. He is a 58 year old man with no prior criminal record. He has now lived under the current restrictions for two years. While having access to the remainder of his

firearms, it is vital he have access to his machine gun inventory in order to provide instruction and demonstrations as a means of gainful employment. For example, the defendant is scheduled to lecture at the Southwestern Association of Forensic Scientists. While his current conditions of release allow for him to use other machine guns for instruction he is not allowed to access and use his inventory. He does not seek to buy, sell or alter any of these firearms. He is simply requesting access to his inventory of machine guns and the building/container in which they are kept. Furthermore, he is not a flight risk in that he has lived in Arizona all of his life and is also a care giver to his elderly mother. While under the current restrictions he has traveled out of the country to visit his daughter and always returned on time and without incident. The defendant requests to be allowed to travel out of the country for the purpose of employment always providing an itenrery for Pretrial Services supervision. The Defendant has possessed a Federal Firearms License (FFL Class I) since 1980 and a Special Occupational Taxpayers License (Class III) dealers license.1 In

Defendants dispute with ATF began on April 8, 2009 when agents from ATF visited his residence and wanted to inquire about his inventory of firearms. He voluntarily displayed his inventory and ATF Agent Sander seized a WWI 1910 Russian Maxum Gun. Later on May 20, 2009, ATF Agent Sander returned, in an early morning raid, requesting to again review Defendants inventory and agents seized five (5) more firearms which they believed to be illegal contraband. After hiring counsel and pursuing the return of the seized firearms for over a year, ATF returned all of the firearms seized

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his occupation, Defendant is required to possess, instruct and demonstrate the capabilities of various firearms to potential customers and other patrons who seek his expertise. Defendant advises local hunters on firearms safety and conducts appraisals of firearms for estates, tax audits and shooting instruction for individuals and corporations. He has traveled to various countries, such as Israel and France, sharing his expertise in pursing his occupation. Defendant has been aware of this investigation for over eighteen months before he was indicted and the two years since the indictment and will vigorously defend against the Indictment returned in this matter. However, the current conditions of release are posing a severe financial hardship while he awaits trial in this matter. Excludable delay under Title 18 U.S.C. 3161(7)A) will not occur as a result of this Motion or from an order based thereon. The Defendant will waive all applicable time pursuant to Title 18 U.S.C. 3161(7)(A). Respectfully submitted this 2nd day of August 2012. By s/Loyd C. Tate Loyd C. Tate Attorney for Defendant

20 I hereby certify on August 2, 2012, I electronically transmitted the attached documents to the Clerks Office using the CM/ECF System for filing and transmittal of a Notice of 21 Electronic Filing to the following CM/ECF registrants: 22 The Honorable Roslyn O. Silver United States District Court Judge 23 James P. Vann 24 Kathy Lemke Assistant U.S. Attorneys 25 26 27 28 in the May 20, 2009 raid. (The 1910 Russian Maxum is part of the subject of the Indictment.)