United States District Court, W.D. North Carolina, Asheville Division
L. Howell, United States Magistrate Judge
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
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
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
(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
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
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].
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 ...