United States District Court, W.D. North Carolina, Asheville Division
DENNIS L. HOWELL, Magistrate Judge.
THIS CAUSE came on to be heard before the undersigned upon a Violation Report (#7) filed on June 30, 2014 in the above entitled cause by the United States Probation Office. In the Violation Report, the United States Probation Office alleges that Defendant had violated terms and conditions of his pretrial release. At the call of this matter on for hearing it appeared Defendant was present with his counsel, Fredilyn Sison, and the Government was present through Assistant United States Attorney, Don Gast. From the evidence offered and from the statements of the Assistant United States Attorney and the attorney for 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 his attorney, admitted the allegations contained in the Violation Report.
The Defendant was charged in Violation Notices issued on August 31, 2013 with driving while license suspended and operating a vehicle while having an open container of alcohol in the motor vehicle. The Defendant did not appear in regard to these matters and on December 18, 2013, United States Magistrate Judge H. Bruce Guyton, issued an arrest warrant for the Defendant. The Defendant was taken into custody in the Western District of North Carolina and was brought before the undersigned on June 11, 2014. On that date, the undersigned entered an order releasing Defendant on a $25, 000 unsecured bond. The undersigned further set conditions of release which included the following:
(8)(a) Defendant must report to the Office of Probation and Pretrial Services to the extent and in the manner that that agency determines to be appropriate; and
(8)(z) Defendant must present himself to the United States Magistrate Court in the Eastern District of Tennessee by June 19, 2014 or to the Probation Office in the Eastern District of Tennessee. If Defendant fails to appear in the Eastern District of Tennessee, Defendant is to report back to the Court in the Western District of North Carolina in Asheville, North Carolina.
The Defendant did not report to the United States Magistrate Court in the Eastern District of Tennessee by June 19, 2014, nor did he report to the Probation Office in the Eastern District of Tennessee. The Defendant further failed to report to the Office of Probation and Pretrial Services in the Western District of North Carolina as he had been directed to do.
After it was discovered that Defendant had not presented himself to the United States Magistrate Court in the Eastern District of Tennessee, an arrest warrant was issued for the Defendant on June 30, 2014. Extensive efforts were undertaken by the United States Marshal's Office to try and locate the Defendant, who attempted to avoid arrest until the Defendant in August 2014, when he finally surrendered himself to the Court in the Eastern District of Tennessee.
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 condition of release; and
(2) finds that -
(A) based on the factors set forth in section 3142(g) of this title, there is no condition or combination of conditions of release that will assure that the person will not flee or pose a danger to ...