Case 5:21-cr-00087-HE Document 30 Filed 04/23/21 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE

WESTERN DISTRICT OF OKLAHOMA

UNITED STATES OF AMERICA, )

)
Plaintiff, )
)
v. ) Case No. CR-21-87-HE
)
MICHAEL BRANDON HOUCK, )
)
Defendant. )

MOTION TO AMEND CONDITIONS

OF RELEASE WITH BRIEF IN SUPPORT

Michael Brandon Houck, through his counsel, requests an amendment of the order

setting the conditions of release and requiring home incarceration. Order Setting Conditions

of Release, filed 02/10/2021, document 18 at ¶7(p)(iii). The conditions of release have been

amended twice at the request of the United States Probation Office. Petition for Action on

Conditions of Release, filed 02/12/2021, document 20; and, Petition for Action on Conditions

of Release, filed 04/16/2021, document 29. Mr. Houck is requesting an amendment to his

conditions of release to allow him to attend his stepson’s college graduation ceremony.

JURISDICTION

Mr. Houck appeared before United States Magistrate Judge Amanda Maxfield Green

following his arrest on a Complaint. Criminal Courtroom Minute, filed 02/08/2021,

document 8. Following a combined preliminary and detention hearing, Magistrate Judge

Green exercised the jurisdiction conferred by Title 18, United States Code, Section 3142(a).
 Case 5:21-cr-00087-HE Document 30 Filed 04/23/21 Page 2 of 5

Magistrate Judge Green ordered Mr. Houck’s release from pretrial confinement pursuant

Title 18, United States Code, Section 3142(c)(1). Criminal Courtroom Minute, filed

02/10/2021, document 16; Order Setting Conditions of Release, document 18.

Consistent with this authority, Section 3142(c)(3) provides the Court “may at any time

amend the order to impose additional or different conditions of release.” An additional

provision vests the Court having original jurisdiction over the offense with the authority to

consider a defendant’s motion for amendment of previously imposed conditions of release.

18 U.S.C. § 3145(a)(2). A defendant may invoke both provisions in furtherance of a request

to amend or modify conditions of release. The Court with original jurisdiction may refer

disposition of the motion to a United States Magistrate Judge. See United States v. Doby,

928 F.3d 1199, 1204-1205 (10th Cir. 2019).

FACTS

1) Mr. Houck was released on conditions that include location monitoring, “lock-

down” home incarceration, and travel restricted to the Western District of Oklahoma. In

addition, Mr. Houck is being supervised by a United States Probation Officer assigned to

Pretrial Services;

2) Mr. Houck has been an active participant in his stepson’s life. Mr. Houck

participated in his stepson’s FFA activities. This involved breeding, raising, and showing

cattle at youth expositions across the State. Mr. Houck was present at his stepson’s high

school graduation. Mr. Houck has supported his stepson throughout his attendance at

2
 Case 5:21-cr-00087-HE Document 30 Filed 04/23/21 Page 3 of 5

college. His stepson has been accepted to several law schools. His graduation from college

is a significant family milestone;

3) Mr. Houck’s stepson will be graduating from the Ferguson College of

Agriculture at Oklahoma State University, Saturday, May 8, 2021. The ceremony will be

held at Boone Pickens Stadium in Stillwater, Oklahoma. See Attachment 1 (Commencement

Ceremonies and Events). The stepson’s maternal grandparents will be traveling from out of

State to attend the ceremony. They will be traveling with Mr. and Mrs. Houck to Stillwater,

Oklahoma. The proposed schedule is as follows:

a) Mr. and Mrs. Houck and the maternal grandparents will leave the
Houcks’ residence in Cleveland County no later than 6:30 a.m., and
will travel in the same vehicle to Stillwater, Oklahoma. Mrs. Houck
will be driving;

b) Commencement ceremonies for the Ferguson College of Agriculture

and the College of Engineering, Architecture, and Technology are
scheduled to begin at 9:00 a.m.. The projected completion of the
ceremony is 11:00 a.m.. Attendees have been advised that additional
security will be in place. The family intends to leave together after their
student graduates to avoid delay with incoming and exiting traffic for
the remaining commencements scheduled for May 8, 2021; and,

c) The family will return to the Houcks’ residence after their graduate
receives his diploma for a family meal.

The proposed route and schedule will not take Mr. Houck outside the boundaries of the

Western District of Oklahoma. All other conditions of Mr. Houck’s release will remain in

effect;

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 Case 5:21-cr-00087-HE Document 30 Filed 04/23/21 Page 4 of 5

4) Mr. Matt Dillon, Assistant United States Attorney, counsel for plaintiff,

opposes the motion based on the possible attendance of Senator James Lankford at the

commencement ceremony for one of his children. Counsel for Mr. Houck have been unable

to confirm from which college the Senator’s child will be matriculating;

5) Mr. Houck is in compliance with all the conditions and requirements of his

bond and the Court’s Order Setting Conditions of Release.

REQUEST FOR RELIEF

Counsel for Mr. Houck request this Court enter an order temporarily modifying the

conditions of release set February 10, 2021 to permit his travel from his home in Cleveland

County, Oklahoma to attend his stepson’s graduation in Stillwater, Oklahoma, under the

conditions enumerated in this Motion. A proposed Order granting the relief requested is

being submitted contemporaneously with this Motion.

Respectfully submitted,

Susan M. Otto

/s/ M. Taylor McLawhorn

M. Taylor McLawhorn
OBA # 22233
Assistant Federal Public Defender
Federal Public Defender Organization
Western District of Oklahoma
215 Dean A. McGee Ave. Suite 109
Oklahoma City, OK 73102
Telephone: 405 609-5930
Electronic Mail: [email protected]; and
[email protected]
COUNSEL FOR MICHAEL HOUCK

4
 Case 5:21-cr-00087-HE Document 30 Filed 04/23/21 Page 5 of 5

CERTIFICATE OF SERVICE

I hereby certify that on April 23, 2021, I electronically transmitted the attached
document to the Clerk of Court using the ECF System for filing. Based on the electronic
records currently on file, the Clerk of Court will transmit a Notice of Electronic filing to the
following ECF registrants: Matt Dillon and Mark Stoneman, Assistant United States
Attorneys, counsel for Plaintiff.

/s/ M. Taylor McLawhorn

M. Taylor McLawhorn

5
 Case 5:21-cr-00087-HE Document 30-1 Filed 04/23/21 Page 1 of 3
~ OKLAHOMASTATE UNIVERSITY(HTTPS://GO.OKSTATE.EDU/) Quicklinks /Search APPLY(HTTPS://GO.OKSTATE.EDU/APPLY/)

OFFICE OF THE
REGISTRAR"'
ABOUT US ACADEMIC CALENDAR(~ACADEMIC_CALENDAR~) COMMENCEMENT TRANSCRIPTS UNIVERSITY CATALOG

Home(https://registrar.okstate.edu/) / Commencement(https://registrar.okstate.edu/commencement/) ! Commencement Ceremonies and Events(index.html)

ommencemen
eremoniesan ven s
Spring 2021 Commencement Ceremony Schedule and Event Information

Friday, May 7

1:00 pm College of Veterinary Medicine

7:00 pm Graduate College

Saturday, May8

9:00 am Ferguson College of Agriculture

College of Engineering, Architecture and Technology

12:30 pm Spears School of Business

4:00 pm College of Arts and Sciences

7:30 pm College of Education and Human Sciences

Monday, May 10

6:30 pm OSU-7ulsa(https://tulsa.okstate.edu/graduation).(ONEOK Field)

Saturday, May 15

OSU Center .(~tps://medicine.okstate.edu/graduation/index.html).

for Health
10:00 am
Sciences
(Broken Arrow High School Tiger Memorial Stadium)

OSU Collegg ,(https://medicine.okstate.edu/graduation/index.html)

of
2:00 pm 0 eopathic
Medicine
(Broken Arrow High School Tiger Memorial Stadium)
ATTACHMENT 1
PAGE 1 of 3
 Case 5:21-cr-00087-HE Document 30-1 Filed 04/23/21 Page 2 of 3

• Stadium entry and exit

• Tickets

• Public health protocols(/commencement/public_health_protocols.html).

• Severe weather plan(/commencement/severe_weather_plan.html),

Stadium Entry and Exit

• Registration is required for graduates to attend commencement, and tickets are required to

enter the stadium. Graduates must arrive at the stadium at least 30 minutes prior to their

ceremony start wearing appropriate academic regalia and a mask.

• Graduates will enter via Gates 1-2 on the South side of the stadium, or Gates 11-12 on the North

side.

• Graduates and guests will go through a security checkpoint upon entering the stadium and be

subject to the stadium's clear bag and other standard security policies.
• After going through the security checkpoint, graduates will be directed to their seat on the field

and remain socially distanced throughout the ceremony.

• Tickets are required for guest entry, and doors will open approximately one hour before the

ceremony begins. See more about guest tickets below.

• Ticketed guests should allow plenty of time to find your assigned seat and maintain your

distance from others as you move about the stadium.

• At the conclusion of each ceremony, graduates will immediately recess out of the stadium. All

guests must exit the stadium within 30 minutes of the end of the ceremony, and cannot remain

for another ceremony.

• Other stadium information can be found

here(https://okstate.co m/sports/2015/3/17/GE N_201401012.aspx).

Tickets
• Tickets will be required for entry to Boone Pickens Stadium, and seating is limited. Graduates

who have registered for commencement can claim up to eight guest tickets through their

OSU athletic ticket account manager(~ittps://am.ticketmaster.com/okstate/#/) April 19-30,

and are responsible for distributing the tickets to their guests. The graduate's individual ticket

for entry to the stadium is in addition to their eight guest tickets.

• Students who are not a current OSU athletic ticket holder will be able to

create anaccount.(https://am.ticketmaster.com/okstate/myev nt # ).
• Tickets will be required for all guests. Children under two years of age will not need a ticket if a

seat is not required for their attendance.

• Although required for entry, there is no cost for commencement tickets.

• Guest seating in the stadium will follow similar public health protocols as were in place for the

2020 football season.

• Seating for guests in Boone Pickens Stadium will be assigned in groups of up to four people,
with social distancing between groups.
• A limited number of ADA accessible seats will be available for students to reserve on a first-
ATTACHMENT 1
come,first-served basis through their OSU athletic ticket account manager April 19-30. Contact PAGE 2 of 3
 Case 5:21-cr-00087-HE Document 30-1 Filed 04/23/21 Page 3 of 3
the ticket office at 877-ALL-4-OSU or tickets(a~okstate.edu(mailto:[email protected]),for
details on accessible seating in the stadium.

• Graduates will be responsible for downloading the mobile tickets and distributing them to their

guests. Tickets can be shared with guests electronically or printed at home and distributed prior
to the ceremony.

• Graduates and ticketed guests are encouraged to add their tickets to their mobile device prior to

arriving at Boone Pickens Stadium. Guests will obtain tickets from their graduate.
• For a detailed guide on mobile ticketing,

click here(https://okstate.com/documents/2020/8/12/MobileTicketingGuide_081220.pdf~.

• For more information, visit ticketmaster.com/okstate(http://am.ticketmaster.com/okstate~.

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