United States District Court, W.D. North Carolina, Asheville Division
L. Howell United States Magistrate Judge.
before the Court is a Violation Report [# 48] filed by the
United States Probation Office alleging that Defendant had
violated terms and conditions of his pretrial release. On
December 1, 2017, the Court held a bond revocation hearing.
Defendant was present with his counsel, Richard E. Cassady,
and the Government was present through AUSA John D.
Pritchard. 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
At the call of the matter, the Defendant, through his
attorney, admitted the allegations contained in the Violation
Report. The government then presented testimony through
United States Probation Officer Jonathan Mason.
Defendant was charged in a bill of indictment filed on August
1, 2017, with: one count of possession with intent to
distributing Alprazolam, in violation of 21 U.S.C. §
841(a)(1); one count of unlawful use and possession of a
firearm in furtherance of a drug trafficking crime, in
violation of 18 U.S.C. § 924(c)(1)(A); and one count of
unlawful possession of a firearm while being an unlawful and
addicted user to a controlled substance, in violation of 18
U.S.C. § 922(g)(3).
September 20, 2017, the Court held a bond review hearing.
Defendant was ordered to be released on a $25, 000 unsecured
bond with pretrial supervision. The Court released Defendant
on terms and conditions of pretrial release [# 28] 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(s) participate in one of the following location monitoring
program components and abide by its requirements as the
pretrial services officer or supervising officers instructs.
(ii) Home Detention. You are restricted to
your residence at all times except for employment; education;
religious services; medical, substance abuse or mental health
treatment; attorney visits; court appearances; court-ordered
obligations; or other activities pre-approved by the pretrial
services office or supervising officer.
October 19, 2017, the Court accepted Defendant's plea of
guilty to counts one of the indictment [# 36]. While still
released on bond and awaiting sentencing by the District
Court, Defendant violated his terms of release.
November 29, 2017, Defendant was arrested for violating his
conditions of supervised release. On December 1, 2017,
Defendant appeared before the Court for a detention hearing
regarding Defendant's violation.
October 11, 2017, and October 23, 2017, Defendant was away
from his approved residence without prior authorization. On
October 12, 2017, Defendant used methamphetamines and
marijuana. On October 24, 2017, Probation Officer Mason was
able to contact Defendant and take a urine sample for drug
analysis. On that same date, Defendant admitted to Officer
Mason that he used methamphetamines and marijuana on October
12, 2017. The sample collected from Defendant tested positive
for cannabinoids, amphetamines, and oxycodone. At the hearing
on December 1, 2017, Defendant admitted to these violations.
18 U.S.C. § 3148(b)(1) provides as follows: The judicial
officer shall enter an order of revocation and detention if,