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United States v. Hope

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

January 19, 2018

UNITED STATES OF AMERICA,
v.
ELIJAH ANTWON HOPE, Defendant.

          ORDER

          Dennis L. Howell, United States Magistrate Judge

         Pending before the Court is a Violation Report [# 86] filed by the United States Probation Office alleging that Defendant had violated terms and conditions of his pretrial release. On January 18, 2018, the Court held a bond revocation hearing. Defendant was present with his counsel, Jason Randolph Hayes, and the Government was present through AUSA Richard Lee Edwards. 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 admitted the allegations contained in the Violation Report [# 86]. The Government then presented testimony through United States Probation Officer Artie Swinton.

         The Defendant was charged in a bill of indictment filed on August 1, 2017, with: four counts of destruction of an automobile, in violation of 18 U.S.C. §§ 1363, 2; and four counts of stealing personal property, in violation of 18 U.S.C. §§ 661, 2; On August 25, 2017, the Court held a detention 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 [# 38] 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.

         On December 11, 2017, the Government filed its violation report stating that Defendant had used marijuana and cocaine [# 86]. On December 21, 2017, Defendant and the Government entered into a plea agreement. Defendant was originally scheduled for his plea hearing on January 5, 2018. The Court granted Defendant's motion to continue the plea hearing to January 10, 2018. On January 10, 2018, Defendant failed to appear and the Court issued a bench warrant [# 99]. On January 11, 2018, Defendant was arrested. On January 12, 2018, the Court accepted Defendant's plea of guilty to count six of the indictment [# 102]. Defendant has remained in custody since his arrest and the Court will now revoke his pretrial release.

         Defendant admitted to the drug use allegation in the Violation Report [# 86]. According to the report, on November 29, 2017, Defendant submitted a urine sample to probation for testing. The sample tested positive for marijuana and cocaine. On December 5, 2017, Defendant signed an admission form stating that he had used drugs during the 2017 Thanksgiving holiday. Defendant stated that he was unaware that there was cocaine in the marijuana he smoked [# 86].

         Discussion.

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

(1) finds that there is----
(A) probable cause to believe that the person has committed a Federal, State, or local ...

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