United States District Court, W.D. North Carolina, Asheville Division
L. Howell United States Magistrate Judge.
the Court is a violation report [# 56] filed by the United
States Probation Office alleging that Defendant violated
terms and conditions of his pretrial release. On April 6,
2018, the Court held a bond revocation hearing. Defendant was
present with his counsel, Charles W. McKeller, and the
Government was present through AUSA Daniel Bradley. From the
evidence offered, the statements of the Government and
Defendant, and the records in this cause, the Court makes the
February 26, 2018, the Court entered an order of detention [#
50] as to Defendant regarding an alleged violation of
Defendant's supervised release [# 45]. On March 9, 2018,
the Court held a detention hearing and issued an order
setting conditions of release and Defendant was released on a
$25, 000 unsecured bond [# 52, # 53]. The Court's terms
and conditions of pretrial release included:
(8)(a) The defendant must 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;
(8)(t) The defendant must submit to location monitoring
indicated below and abide by all of the program requirements
and instructions provided by the pretrial services officer or
supervising officer related to the proper operations of the
(i) Location monitoring technology as directed by the
pretrial services officer or supervising officer.
April 3, 2018, based on the violation report [# 56], the
Court issued an arrest warrant for Defendant. The report
detailed that Defendant seemed under the influence of drugs
at an office visit on March 21, 2018, and subsequently
Defendant tested positive for methamphetamine. Id.
Further, the report outline three separate instances where
Defendant failed to abide by his scheduled curfew.
April 4, 2018, Defendant was arrested. On April 6, 2018,
Defendant appeared before this Court for his bond revocation
hearing. At the call of the matter, the Defendant, through
his attorney, denied the allegations contained in the
violation report. The Government then presented testimony
through United States Probation Officer Caleb Gamble.
U.S.C. § 3148(b)(1) provides as follows:
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 ...