United States v. Jones

          ORDER

          Dennis L. Howell United States Magistrate Judge.

         Pending 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 following findings.

         Findings: 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.

         The 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).

         On 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 practitioner.

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.

         On 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.

         On 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.

         On 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.

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