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United States v. Souther

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

April 10, 2018

UNITED STATES OF AMERICA,
v.
RICHARD AARON SOUTHER, Defendant.

          ORDER

          Dennis L. Howell United States Magistrate Judge.

         Before 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 following findings.

         Findings.

         On 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 technology.
(i) Location monitoring technology as directed by the pretrial services officer or supervising officer.

         On 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. Id.

         On 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.

         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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