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United States v. Massey

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

December 12, 2017

UNITED STATES OF AMERICA,
v.
HEATHER NICOLE MASSEY Defendant.

          ORDER

          Dennis L. Howell, United States Magistrate Judge

         Pending before the Court is a Violation Report [# 101] filed by the United States Probation Office alleging that Defendant had violated terms and conditions of her pretrial release. On December 11, 2017, the Court held a bond revocation hearing. Defendant was present with her counsel, Fredilyn Sison, and the Government was present through AUSA David A. Thorneloe. From the evidence offered and from the statements of the Assistant United States Attorney and the attorney for Defendant, and the record, the Court makes the following findings.

         Background.

         The Defendant was charged in a bill of indictment filed on August 2, 2011, with: one count of stealing exceeding $1000, in violation of 18 U.S.C. §§ 661, 2; one count of stealing not exceeding $1000, in violation of 18 U.S.C. §§ 661, 2; and two counts of destruction of personal property, in violation of 18 U.S.C. §§ 1363, 2.

         On October 11, 2011, Defendant plead guilty. On June 29, 2012, the District Court sentenced Defendant to time served, three years of supervised release, $100 special assessment, and $5, 444 in restitution.

         On May 19, 2017, the Court held a hearing regarding a violation of Defendant's supervised release [# 83]. The Court detained Defendant pending preliminary and detention hearings. On May 22, 2017, Defendant waived preliminary and detention hearings and was detained.

         On June 5, 2017, Defendant filed a motion for release to attend inpatient treatment at the Swain Recovery Center [# 91]. On June 7, 2017, the Court ordered Defendant to be released on June 16, 2017, to attend treatment at the Swain Recovery Center. Defendant was released on a $25, 000 unsecured bond with standard conditions and terms of pretrial release.

         On July 24, 2017, Defendant filed a motion for release from custody for aftercare treatment [# 95]. On July 31, 2017, the Court released Defendant on a $25, 000 unsecured bond with standard conditions and terms of pretrial release and included the following condition:

(8)(y) Defendant is to reside at (Halfway House) Oxford House Church Street at 95 Church Street, Asheville, NC. Defendant to begin outpatient treatment at the SACOT program beginning August 1, 2017 for a twelve (12) week program and successfully complete. Defendant is to sign release forms from Probation to receive any information pertaining to treatment. No contact or communication of any from at all with Gregory Leatherman, day or night.

         On August 23, 2017, the Probation Office attempted to make contact with Defendant at Oxford House. Probation discovered that Defendant had not been a part of Oxford House since August 18, 2017. Defendant had failed to abide by Oxford House's rules and had been discharged. Defendant did not notify the Probation Office. Probation attempted to contact Defendant by telephone and through Defendant's previous third-party custodian but to no avail.

         Additionally, when Probation contacted SACOT, Defendant's drug treatment program, to ask about Defendant's progress. A clinician told Probation that Defendant had attendance problems and had not been back to the program since August 17, 2017.

         On December 5, 2017, Defendant was arrested for violating her terms and conditions of pretrial release. On December 11, 2017, Defendant appeared before the Court for a detention hearing regarding this violation. Defendant admitted that she had been discharged from Oxford House and had not informed Probation, and that she had stopped attending treatment at SACOT and had not informed Probation. The Government then presented testimony through United States Probation Officer Justin Adams.

         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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