United States District Court, M.D. North Carolina
MEMORANDUM OPINION AND ORDER
WEBSTER, UNITED STATES MAGISTRATE JUDGE.
matter is before the court upon the Government's motion
to revoke pretrial release. (Docket Entry 78.) The Government
asserts that Defendant John Joseph Jarrell
("Defendant") has committed offenses in violation
of his pretrial release conditions. On March 19, 2018, the
undersigned ordered that an arrest warrant be issued for the
arrest of Defendant. (Docket Entry 80.) The case was
thereafter brought before the court for a hearing pursuant to
18 U.S.C. § 3148(b). At the hearing, the undersigned
ordered that Defendant be detained pending further
proceedings in this matter.
September 25, 2017, a federal grand jury for this district
indicted Defendant on one count of knowingly, intentionally,
and unlawfully distributing quantities of a mixture and
substance containing a detectable amount of methamphetamine
in violation of 21 U.S.C. § 841(a)(1). The Government
initially moved for pre-trial detention, but withdrew its
motion and agreed to certain release conditions including,
but not limited to the following:
(7) The defendant must: . . .
(a) submit to supervision by and report for supervision to
the Probation Officer as directed.
(m) not use or unlawfully possess a narcotic drug or other
controlled substances . . . unless prescribed by a licensed
(n) submit to testing for a prohibited substance if required
by the pretrial services office or supervising officer.
Testing may be used with random frequency and may include
urine testing .... The defendant must not obstruct, attempt
to obstruct, or tamper with the efficacy and accuracy of
prohibited substance screening or testing.
(s) Refrain from obstructing or attempting to obstruct or
tamper, in any fashion, with the efficiency and accuracy of
any prohibited substance testing which is required as a
condition of release.
(Docket Entry 21 at 2.)
March 16, 2018, the Government moved to revoke pretrial
release. (Docket Entry 78.) At the revocation hearing, United
States Probation Officer Nathan Bradley, who reviewed
Defendant's probation file and supervised Defendant,
testified as to Defendant's violations. Officer Bradley
testified that he began supervising Defendant on September
27, 2017. Based on Defendant's report that he had last
used drugs on September 19, 2017, Officer Bradley referred
Defendant to substance abuse treatment. Defendant
participated as directed from October, 2017 through December,
2017. In January, 2018 Defendant missed some sessions with
his substance abuse counselor; Defendant attended only one
session in February, 2018.
March 6, 2018 Defendant failed to report to the probation
officer as directed. On March 13, 2018, Officer Bradley
conducted an unannounced field visit at the home of
Defendant's girlfriend and co-Defendant. Officer Bradley
found Defendant there and ordered Defendant to report to the
probation office on March 15, 2018. On March 15, 2018,
Defendant reported some forty-five minutes late for his
appointment. Defendant was instructed to submit to a urine
test. As Officer Bradley observed the test, he noticed that
Defendant appeared to have a device hidden under his clothing
intended to adulterate his urine test, that is, to submit a
sample of urine that was not Defendant's own. Defendant
admitted verbally and in a signed statement that he had used
methamphetamine on March 13, 2018 and had attempted to
adulterate his urine test on March 15, 2018.
person who has been released pending trial pursuant to 18
U.S.C. § 3142, "and who has violated a condition of
his release, is subject to a revocation of release, an order
of detention, and a prosecution for contempt of court."
18 U.S.C. § 3148(a). Once the government initiates a
proceeding, the judicial officer that ordered the release can
issue an arrest warrant for the arrest of the alleged
violator. The alleged violator is brought before the judicial
officer. 18 U.S.C. ...