Case 2:08-cr-20001-KHV Document 38 Filed 11/03/2008 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF KANSAS

UNITED STATES OF AMERICA, )

Plaintiff, )
vs. ) Case No. 08-20001-001-KHV
)
STACT LYN BARNES-CATLETT, )
Defendant. )

DEFENDANT BARNES-CATLETT’S MOTION FOR HEARING

TO RECONSIDER APPROPRIATENESS OF DETENTION

COMES NOW defendant Stacy Lyn Barnes-Catlett, by and through her attorney,

Patrick E. D’Arcy, and respectfully moves this court for a hearing to consider the

appropriateness of her continued detention. In support of said motion, the defendant

asserts as follows:

1. That on July 21, 2008 the defendant plead guilty and was released from detention.

2. That the defendant, upon her release, continued to reside at the address she

provided but her cellular phone broke and she did not have the resources to replace it

until just before her arrest. Furthermore, she did not receive a letter from the Probation

Office, causing her to fail to maintain appropriate contact and thereby violated her

Conditions of Release. In addition, she herself signed up for appropriate treatment but

failed to attend the first appointment because she had injured her head in a fall and was

not functional for three days.

3. That on September 11, 2008 the defendant was arrested at the house address she

had provided upon her release.

4. That on September 11, 2008 Magistrate Judge James P. O’Hara sustained the

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government’s motion to revoke the defendant’s bond while leaving open the option for

the defendant to petition for reconsideration once appropriate plans had been made for

her release.

5. That on September 11, 2008 the defendant had a scheduled Settlement Hearing in

Johnson County, Kansas that would have resolved her Workers’ Compensation case and

resulted in a net award, to her, of $4,038.75 (please see attachment), but she could not

attend due to her arrest. Her Johnson County Settlement Hearing has been rescheduled

for November 7, 2008 at 11:00 a.m..

6. That the settlement amount will ensure that she can remain in appropriate contact

and otherwise meet her Conditions of Release.

7. That the defendant agrees to stay in a half-way house until she finds approved

housing, to wear an electronic bracelet, to undergo drug and alcohol counseling, and to

meet the rest of her Conditions of Release.

8. That the defendant requires medical attention that is not being provided to her at

C.C.A..

9. That the government does not oppose the defendant’s release as long as certain

conditions are met.

10. That the interests of justice require that this request be granted.

WHEREFORE, the defendant prays that this court schedule a hearing to reconsider

her continued detention and release her under appropriate conditions.

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Respectfully submitted,

s/ Patrick E. D’Arcy
______________________
Patrick E. D’Arcy
KS SC No. 13339
623 Tauromee Avenue
Kansas City, KS 66101
(913) 269-1401
FAX: (913) 371-1983
e-mail: PDARCY@KC.RR.COM

CERTIFICATE OF SERVICE

I hereby certify that on November 3, 2008 I electronically filed the foregoing with the
clerk of the court using the CM/ECF system, which will send a notice of electronic filing
to the attorneys of record including Marietta Parker, Assistant Untied States Attorney.

s/ Patrick E. D’Arcy
______________________
Patrick E. D’Arcy

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