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United States v. Mehaffey

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

October 2, 2017

UNITED STATES OF AMERICA,
v.
TRAVIS LINDSEY MEHAFFEY, Defendant.

          ORDER

          Dennis L. Howell United States Magistrate Judge.

         THIS CAUSE came before the undersigned upon a Violation Report (#36) filed in the above entitled cause by the United States Probation Office alleging that the Defendant violated terms and conditions of his presentence release. At the call of this matter on for hearing it appeared that the Defendant was present with his counsel, Fredilyn Sison, and that the Government was present through AUSA John Pritchard. From the evidence offered and 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 this matter, the Defendant, by and through his attorney, admitted the allegation contained in the Violation Report (#36).

         The Defendant was charged in a Bill of Indictment (#13) with receiving child pornography that had been shipped or mailed using any means or facility of interstate commerce, in violation of 18 U.S.C. § 2252A(a)(2)(A). On June 14, 2017, the undersigned held an inquiry pursuant to Rule 11 of the Federal Rules of Criminal Procedure and accepted a plea of guilty of the Defendant to the charge of receiving child pornography, in violation of 18 U.S.C. § 2252A(a)(2)(A) as alleged in Count One in the Bill of Indictment. At the time of the plea, the Defendant's counsel filed a motion for continued release at the Rule 11 Hearing (#22), and requested that the Defendant continue to be released based upon exceptional circumstances as provided by 18 U.S.C. § 3145(c). After hearing the motion the undersigned entered an Order allowing the Defendant's continued release on terms and conditions of presentence release (#31).

         In the violation report (#36), it is alleged the Defendant violated the condition of release (#10) that required that the Defendant not use, purchase, possess, procure or otherwise obtain any computer or electronic device that can be linked to any computer networks, bulletin boards, internet, internet service providers or exchange formats involving computers unless approved by the United States Probation Office. It is alleged that on September 20, 2017, during a search of the Defendant's residence that an unreported cell phone was found under the Defendant's mattress. The Defendant admitted that he had not received permission to use the cell phone and that the primary purpose for using the cell phone was to view pornographic materials on the internet. The Defendant admitted this allegation.

         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 the ...

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