United States District Court, W.D. North Carolina, Asheville Division
L. Howell United States Magistrate Judge.
CAUSE coming on before the undersigned pursuant to a
Violation Report (#13) filed by the United States Probation
Office alleging that Defendant had violated terms and
conditions of her pretrial release. At the call of this
matter on for hearing it appeared that Defendant was present
with her counsel, Emily M. Jones, and the Government was
present through AUSA Tom Kent. 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.
call of this matter, Defendant, by and through her attorney,
admitted the allegation contained in the Violation Report.
The Government introduced without objection, the Violation
Report, into evidence.
Defendant was charged in a bill of indictment (#1) dated
February 8, 2017 with stealing and carrying away from the
premises of a person who is licensed to engage in the
business of dealing in firearms, certain firearms, in
violation of 18 U.S.C. § 922(u) and also a second count
in which Defendant was charged with being an unlawful user of
and being addicted to a controlled substance, knowingly
possessed in and affecting interstate commerce firearms, in
violation of 18 U.S.C. § 922(g)(3). On February 15,
2017, the undersigned entered an Order releasing Defendant on
terms and conditions of pretrial release and further set
conditions of release which included the following:
(1) Defendant shall not commit any offense in violation of
federal, state or local law while on release in this case.
(8)(p) Defendant is to refrain from use or unlawful
possession of a narcotic drug or other controlled substance
as defined in 21 USC § 802, unless prescribed by a
licensed medical practitioner.
March 17, 2017, Defendant tested positive for use of
oxycodone for which she did not have a prescription for.
Defendant is now pregnant with child. Through the efforts of
her counsel, Emily Jones, Defendant has been successful in
being admitted to the Community Choices, Inc. Drug Treatment
Center which is designed specifically to assist pregnant
females. Defendant began participating in the inpatient
treatment program on May 16, 2017 and will continue to be in
the program until at least the birth of her child which is
predicted to be sometime in July 2017.
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 ...