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United States v. Byers

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

May 9, 2018

UNITED STATES OF AMERICA,
v.
LESLIE MCCLURE BYERS, Defendant.

          ORDER

          Dennis L. Howell, United States Magistrate Judge

         Before the Court is a violation report [# 25] filed by the United States Probation Office alleging Defendant violated terms and conditions of her pretrial release. On May 8, 2018, the Court held a bond revocation hearing. Defendant was present with her counsel, Howard W. Anderson, and the Government was present through AUSA Don Gast. 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 April 3, 2018, the grand jury issued an indictment charging Defendant with one count of conspiracy to possess with intent to distribute a Schedule II controlled substance, in violation of 21 U.S.C. § 846; and one count of actual possession with intent to distribute a Schedule II controlled substance, in violation of 21 U.S.C. § 841(a)(1).

         On April 9, 2018, the Court held a detention hearing and issued an order setting conditions of release. Defendant was released on a $25, 000 unsecured bond [# 9, # 10]. The Court's terms and conditions of pretrial release included:

(1) The defendant must not violate any federal, state or local law while on release; and
(8)(p) 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.

         On May 7, 2018, based on the violation report [# 25], the Court issued an arrest warrant for Defendant. The report detailed that on April 23, 2018, the probation officer collected a urine sample from Defendant. The sample tested positive for methamphetamine. Before the sample had been collected, Defendant admitted to the probation officer that she had taken Xanax without a prescription. The sample, however, clearly tested positive for methamphetamine. The probation officer had Defendant's sample sent to Alere for a positive confirmation.

         On May 8, 2018, Defendant was arrested. On that same date, Defendant appeared before this Court for her bond revocation hearing. At the call of the matter, the Defendant admitted to the allegation contained in the violation report.

         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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