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United States v. Lewis

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

September 6, 2017

UNITED STATES OF AMERICA,
v.
LEIGHSA BRADLEY LEWIS, Defendant.

          ORDER

          DENNIS L. HOWELL UNITED STATES MAGISTRATE JUDGE

         THIS CAUSE came before the undersigned upon a Violation Report (#58) 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 Defendant was present with her counsel, Sean Devereux, and the Government was present through AUSA Chris Hess. 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 her attorney, denied the allegation contained in the Violation Report. The government then presented testimony through United States Probation Officer, Jennifer Call.

         The Defendant was charged in a bill of indictment filed on November 15, 2016 with conspiracy to distribute and possess with intent to distribute methamphetamine, in violation of 2118 U.S.C. § 186 and with possessing with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1).

         On November 23, 2016, the undersigned entered an Order (#15) releasing Defendant on terms and conditions of pretrial release which included the following:

         (1) The defendant must not violate any federal, state or local law while on release;

         (8)(p) 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.

         On August 10, 2017, Defendant admitted to Officer Call she had used methamphetamine on July 20, 2017. (Gov't Exhibit 1)

         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 ...

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