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