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United States v. Henson

United States District Court, W.D. North Carolina, Asheville Division

July 9, 2014

UNITED STATES OF AMERICA,
v.
CLARA MICHELLE HENSON, Defendant.

ORDER

DENNIS L. HOWELL, District Judge.

THIS CAUSE coming before the undersigned upon a Violation Report (#213) filed by the United States Probation Office alleging that Defendant had violated terms and conditions of her prehearing release. At the call of this matter on for hearing it appeared that Defendant was present with her counsel, William Loose, and the Government was present through Assistant United States Attorney, Richard Edwards. From the evidence offered and from the statements of the Assistant United States Attorney and the attorney for the Defendant, and the records in this cause, the Court makes the following findings.

Findings: At the call of the matter, the Defendant, by and through her attorney, denied the allegations contained in the Violation Report. The Government introduced without objection the Violation Report into evidence. Testimony was then presented by United States Probation Officer Tamara S. Styles.

The Defendant is serving a term of supervised release for her conviction of conspiracy to manufacture and distribute methamphetamine. On April 23, 2014 a Petition (#202) was filed alleging that Defendant had violated terms and conditions of her supervised release. The undersigned released the Defendant on terms and conditions of prehearing release on May 5, 2014. On that date, the undersigned entered an Order releasing the Defendant on a $25, 000 unsecured bond. The undersigned further set conditions of release which included the following:

(1) Defendant shall not violate any federal, state or local law while on release.
(7)(p) Defendant is to refrain from use or unlawful possession of a narcotic drug or other controlled substances defined in 21 U.S.C. § 802, unless prescribed by a licensed medical practitioner.
(7)(r) Defendant must participate in a program of inpatient or outpatient substance abuse therapy and counseling if the pretrial services office or supervising officer considers it advisable.

The Defendant began participating in a substance abuse intensive outpatient treatment program at Meridian Behavioral Health in Waynesville, NC after release. On June 3, 2014 and June 6, 2014, Defendant tested positive for Methadone, a schedule II controlled substance. Defendant had a prescription for Methadone as a result of her participating in a previous treatment program. After the Defendant tested positive on June 12, 2014, Defendant was not allowed to participate in the substance abuse intensive outpatient treatment at Meridian Behavioral Health even though she had a prescription for that substance.

On June 12, 2014, Defendant tested positive for Suboxone, a schedule III controlled substance. Suboxone is a substance that is used to treat medication addiction. Defendant did not have a prescription for Suboxone.

Discussion. 18 U.S.C. § 3148(b)(1) provides as follows: The judicial officer shall enter an order of revocation and detention if, after a hearing, the judicial officer -

(1) finds that there is-
(A) probable cause to believe that the person has committed a Federal, State, or local crime while on release; or
(B) clear and convincing evidence that the person has violated any other ...

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