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United States v. Royal

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

November 8, 2017

UNITED STATES OF AMERICA,
v.
DEMARCUS ANTONIO ROYAL, Defendant.

          ORDER

          Dennis L. Howell, United States Magistrate Judge.

         Pending before the Court is a Violation Report [# 78] filed by the United States Probation Office alleging that Defendant had violated terms and conditions of his pretrial release. On November 11, 2017, the Court held a bond revocation hearing. Defendant was present with his counsel, Nathan J. Stallings, and the Government was present through AUSA David Thorneloe. 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, denied the allegations contained in the Violation Report. The government then presented testimony through United States Probation Officer Brannon Curtis.

         The Defendant was charged in a bill of indictment filed on December 4, 2012 with: seven counts of distributing cocaine, in violation of 21 U.S.C. § 841(a)(1); on count of aiding and abetting the distribution of cocaine, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2; two counts of felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1); and one count of possession of a non-registered sawed-off firearm, in violation of 26 U.S.C. §§ 5845(a), 5861(d).

         On April 21, 2014, District Judge Reidinger took Defendant's plea of guilty to counts 1 and 10 of the indictment [# 48]. Judge Reidinger sentenced Defendant to 46 months imprisonment for each count to run concurrently, three years of supervised release, and a $200 special assessment [# 28, 49]. Defendant began supervised release on December 4, 2015 [see # 55].

         On August 21, 2017, Defendant was arrested for violating his conditions of supervised release. On August 23, 2017, Defendant appeared before this Court for a detention hearing regarding Defendant's violation. The Court released 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.
8(q) submit to any testing required by the pretrial services office or the supervising officer to determine whether the defendant is using a prohibited substance. . . . The defendant must refrain from obstructing or attempting to obstruct or tamper, in any fashion, with the efficiency and accuracy of any prohibited substance testing or monitoring which are required as a condition of release.

         October 5, 2017, Defendant provided a urine sample that tested positive for cannabinoids. On October 18, 2017, Probation Officer Curtis went to Defendant's residence to collect another urine sample for testing and Defendant refused. On October 26, 2017, Alere confirmed that the October 5, 2017 urine sample contained cannabinoids [# 78].

         Discussion.

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


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