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