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Modify Conditions Greenberg

Modify Conditions Greenberg

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Published by NoloContendere

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Published by: NoloContendere on Aug 17, 2012
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LOYD C. TATE
ATTORNEY AT LAW
1921 S. Alma School RoadSuite 304Mesa, Arizona 85210(480) 345-1400
State Bar No. 014276
Attorney for DefendantUNITED STATES DISTRICT COURTDISTRICT OF ARIZONAUnited States of AmericaCR-10-1047-6-PHX-ROSPlaintiff,v.
MOTION TO MODIFY
Idan C. Greenberg,
CONDITIONS OF RELEASE
Defendant.(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 theDefendant.
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 the107 count Indictment.Pursuant to a hearing to modify the Defendant’s release conditions JudgeMurguia 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 isauthorized 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 noconsidered a machine gun.
Case 2:10-cr-01047-ROS Document 309 Filed 08/02/12 Page 1 of 3
 
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Argument
Defendant seeks to have the restriction to his inventory of machine gunsremoved 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 othe 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 hisfirearms, it is vital he have access to his machine gun inventory in order to provideinstruction and demonstrations as a means of gainful employment. For example, thedefendant 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 foinstruction he is not allowed to access and use
his
inventory. He does not seek to buy, sellor alter any of these firearms. He is simply requesting access to his inventory of machineguns 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 hislife and is also a care giver to his elderly mother. While under the current restrictions hehas traveled out of the country to visit his daughter and always returned on time andwithout 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. In
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Defendant’s dispute with ATF began on April 8, 2009 when agents from ATFvisited his residence and wanted to inquire about his inventory of firearms. Hevoluntarily displayed his inventory and ATF Agent Sander seized a WWI 1910 RussianMaxum Gun. Later on May 20, 2009, ATF Agent Sander returned, in an early morningraid, requesting to again review Defendant’s inventory and agents seized five (5) morefirearms which they believed to be illegal contraband. After hiring counsel and pursuingthe return of the seized firearms for over a year, ATF returned all of the firearms seized
Case 2:10-cr-01047-ROS Document 309 Filed 08/02/12 Page 2 of 3

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