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United States of America v. Duane Hamelink

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION


March 10, 2011

UNITED STATES OF AMERICA
v.
DUANE HAMELINK

UNDER SEAL ORDER FOR TRANSFER OF CUSTODY AND ORDER TO SEAL

THIS MATTER is before the Court on the Government's Motion, filed March 9, 2011, for the transfer of custody of Defendant, DUANE HAMELINK, PID#394055.

The Court has carefully reviewed the Motion, and believes that good cause has been shown to justify the temporary transfer of custody of Defendant from the United States Marshals Service to any agent of the Internal Revenue Service Criminal Investigation Division (hereinafter "IRS") or the Charlotte Mecklenburg Police Department (hereinafter "CMPD"), and/or another designated agent. The transfer shall be subject to the following conditions:

(1) The United States Marshals Service shall allow the intermittent and periodic transfer of custody of the Defendant to any agent of the IRS or CMPD, and/or another designated agent, during the period from March 11, 2011 through June 30, 2011, during the hours of 8:00 a.m.to 7:00 p.m. The Defendant shall be returned to the Mecklenburg County Jail no later than 7:00 p.m. on each day agents obtain custody.

(2) Custody of the defendant may be given to any agent of the IRS or CMPD, and/or another designated agent, provided at least one other law enforcement agent is present when the Defendant is transported. The United States Marshals Service shall not turn over custody of the Defendant unless an agent of the IRS or CMPD, and/or another designated agent is present.

(3) When the Defendant is picked up each morning at the Mecklenburg County Jail agents shall use the same security and restraints as used by the United States Marshals Service when transporting a prisoner; i.e., the Defendant shall be placed in handcuffs and leg shackles whenever being transported.

(4) The Defendant may be transported to and interviewed at the CMPD in Charlotte, North Carolina and the IRS offices in Charlotte, North Carolina. The Defendant may also be transported to locations within the Western District of North Carolina relevant to the instant investigation for purposes of identifying co-conspirators, co-defendants, and property involved in criminal activity provided the same security and restraints are used as outlined above. At no time should the Defendant be in any other locations other than when being transported to and from the Mecklenburg County Jail. There will be no exceptions to this provision without written motion and a corresponding written order.

(5) Agents shall provide the United States Marshals Service with reasonable notice each day they intend to obtain custody of the Defendant.

The Court will direct the Clerk's office to seal the Motion and this Order, and any mention or ECF docketing entry of this Motion and Order pending further order of the Court, after a copy of this Order shall have been disclosed solely to the United States Marshals Service, defense counsel and the United States Attorney Office. The existence of, and the contents of this Order and the foregoing documents shall not be disclosed to the public.

SO ORDERED.

20110310

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