IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS 
 
   UNITED STATES OF AMERICA  §   § CRIMINAL NO: v. § P:17-CR-194-001  §  CARLOS EDUARDO NIETO §  
 
EMERGENCY MOTION REQUESTING  JUDGE GUADERRAMA TEMPORARILY MODIFY BOND  

 
Defendant CARLOS EDUARDO NIETO moves the Court pursuant to 18 U.S.C. § 
3142 to modify bond.   Defendant sets out the following in support of his request to modify his 
bond:

 
1. Defendant respectfully request that instant motion be considered by District Judge 
Guaderrama in El Paso, Texas as he presided over the Government’s appeal of 
conditions and release order and motion to stay hearing and entered subsequent 
orders modifying bond. 

 

2. Mr. Nieto’s uncle Pedro M. Herrera passed this afternoon. Before his passing Mr. 
Herrera was Mr. Nieto’s only living uncle. Mr. Nieto has been asked to be a 
pallbearer for his uncle’s services.  Services will be held for Mr. Herrera at St. Joan 
of Arc Catholic Church, 2829 Ackerman Kirby, Texas 78219; the rosary will be held 
on October 23, 2017 at 10:30am with Mass immediately following.  Interment will be 
at Holy Cross Cemetery 17501 Nacogdoches Rd., San Antonio, Texas 78266. 

 

3. As such, Defendant request that his bond be modified as follows: 
   1. Defendant request that he be allowed to travel by vehicle from El Paso, Texas 
on Saturday, October 22, 2017  to Austin, Texas for the services and then from 
Austin, Texas to San Antonio, Texas for the internment.  Defendant will return to 

 

 

Case 4:17-cr-00194-RAJ   Document 57   Filed 10/18/17   Page 1 of 3
 

El Paso, Texas on Wednesday, October 25, 2017. 
 

   2. Defendant request to be allowed to stay at his brother’s house who resides at 
1147 Lost Creek Blvd., Austin, Texas 78746 from Saturday, October 22, 2017   
until his return to El Paso, Texas on Wednesday, October 25, 2017. 
   3. Defendant further request that his curfew be suspended from October 22, 
2017   to Wednesday, October 25, 2017 so that he may mourn with his family.  

 

4. Counsel for the United States Government, Assistant United States Attorney Bill 
takes no position on requested temporary bond modifications. 

 

5. Pretrial Service Officer Luis Fausto is unopposed to the requested temporary bond 
modifications. 

 

6. This Motion is not made for the purposes of delay, but so that justice may be served. WHEREFORE, PREMISES CONSIDERED, CARLOS EDUARDO NIETO respectfully 
prays that this Honorable Court enter an order temporarily modifying the conditions. 
 
/s/ Joe Spencer   JOE A. SPENCER Attorney for Defendant 1009 Montana El Paso, Texas 79902 (915) 532-5562 (915) 532-7535 (Fax) State Bar No. 18921800 
 
CERTIFICATE OF SERVICE 
 
I, Joe A. Spencer, hereby certify that a true and correct copy of the foregoing instrument has been e-filed/delivered by CM/ECF system to Assistant Unites States Attorney Monty Kimball at monty.kimball@usdoj.gov and William Franklin Lewis, Jr. at william.lewis3@usdoj.gov  on October 18, 2017.  
 
/s/ Joe A. Spencer JOE A. SPENCER Attorney for Defendant
Case 4:17-cr-00194-RAJ   Document 57   Filed 10/18/17   Page 2 of 3
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS    UNITED STATES OF AMERICA  §   § CRIMINAL NO: v. § P:17-CR-194-001  §  CARLOS EDUARDO NIETO §  
 
ORDER TEMPORARILY MODIFY BOND 
On this the _____ day of _______________, 2017 this court considered the Motion to 
Modify Bond on CARLOS EDUARDO NIETO, Defendant in the above entitled and numbered 
cause. 
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the bond be 
modified as follows: 1. Defendant may travel by vehicle from El Paso, Texas on Saturday, October 
22, 2017  to Austin, Texas for the services and then from Austin, Texas to San 
Antonio, Texas for the internment of his uncle.  Defendant will return to El Paso, 
Texas on Wednesday, October 25, 2017. 
2. Defendant may stay at his brother’s house at 1147 Lost Creek Blvd., Austin, 
Texas 78746 from Saturday, October 22, 2017 until his return to El Paso, Texas 
on Wednesday, October 25, 2017. 
3. Defendant curfew is hereby suspended from October 22, 2017 until his return 
to El Paso, Texas on Wednesday, October 25, 2017.  
SIGNED this _____ day of _______________, 2017. 
 
             JUDGE PRESIDING