USA v. Lugo et al
Criminal

Western District of Texas, txwd-5:2019-cr-00227-1018437

MOTION to Modify Conditions of Release by Alma Lugo.

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION UNITED STATES OF AMERICA § § § CAUSE NO. SA-19 CR 0227 FB V. § § ALMA LUGO § DEFENDANT'S MOTION TO MODIFY CONDITIONS OF RELEASE AND ALLOW CONTACT WITH SPOUSE TO THE HONORABLE HENRY J. BEMPORAD, UNITED STATES MAGISTRATE JUDGE FOR THE WESTERN DISTRICT OF TEXAS: Defendant Alma Lugo asks the Court to MODIFY CONDITIONS OF RELEASE allow defendant to communicate with spouse, Josefina Garza. I. Ms. Alma Lugo is charged with three count indictment for Possession with the intent to distribute 500 grams or more of a mixture or substance containing methamphetamine and Aiding and Abetting in violation of 21 U.S.C. § 841 (a)(1), § 841 (b)(1)(A)(viii) & 18 U.S.C. § 2. Ms. Alma Lugo is also charged with Conspiracy to Possess with the intent to distribute 500 grams or more of a mixture or substance containing methamphetamine in violation of 21 U.S.C. § 841 (a)(1), § 841 (b)(1)(A)(viii) . II. On October 3, 2019, Judge Honorable Judge Henry J. Bemporad granted an unsecured bond, thereafter, Ms. Lugo was placed on pretrial supervision and was ordered to participate in the Alvarez In-Patient substance Treatment program Substance Treatment program in San Antonio, Texas. On that date, Judge Honorable Judge Henry J. Bemporad ordered a NO Contact Order with Co-Defendant Josefina Garza. III. Since that date, Defendant, Lugo, Alma had been actively participating in the program. Alma Lugo did not have any violations at the facility. Ms. Lugo was attending all substance abuse programs. IV. However, there have been some significant change in circumstances since our last court appearance. Ms. Lugo has suffered a significant health set back. She has broken her femur. As a result, she is now confined to a wheelchair and finds it difficult to do the simplest of tasks. Because of her health issues and inability to accomplish all required tasks at the court ordered half way house the half-way house EXITED her from the facility. VI. It is Ms. Lugo's desire to have be able to live with her wife, Josefina Garza. It is financially and emotionally unrealistic to expect this married couple to live in separate households. Ms. Lugo needs her wife more than ever now that she is confined to a wheelchair. She needs her wife to care for her but also for emotionally support. For the reasons stated above, Ms. Lugo asks that the Court to amend no contact order. Respectfully submitted, /S/ Brigitte Garza State Bar No. 24032220 1006 Fresno Street San Antonio, Texas 78201 210-227-5700 210-227-5701 fax brigittegarzalaw@gmail.com Attorney for Defendant CERTIFICATE OF SERVICE I certify that on the December 9th 2019, a copy of the foregoing motion was E-filed Under the Case Filing System (ECF) from the United States District Court, from the Western District of Texas under Brigitte Garza Attorney at Law. _________/s/______________________ Brigitte Garza, Attorney for Defendant UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION UNITED STATES OF AMERICA § § § CAUSE NO. SA-19 CR 0227 FB V. § § ALMA LUGO § ORDER On this date, the Court considered Defendant's Motion to Modify Conditions of Release, having considered the same, the Court is of the opinion that the Defendant's Motion should be GRANTED. It is therefore ORDERED that the Defendant be set for a Motion to Modify Conditions of Release a hearing on the ____________ day of ___________, 2019. ORDERED on this the _____________ day of ______________, 2019. ___________________________ HONORABLE HENRY J. BEMPORAD