United States District Court, W.D. North Carolina, Asheville Division
L. Howell, United States Magistrate Judge.
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
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.
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).
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 #
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
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.
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].
U.S.C. § 3148(b)(1) provides as follows: The judicial
officer shall enter an order of revocation and detention if,