Opinion
1:14-cr-0102-CLC-CHS-1
12-04-2023
UNITED STATES OF AMERICA v. WILLIAM DARDEN
MEMORANDUM AND ORDER
SUSAN K. LEE, UNITED STATES MAGISTRATE JUDGE
WILLIAM DARDEN, (“Defendant”) appeared for a hearing on November 29, 2023, in accordance with Rules 5 and 32.1 of the Federal Rules of Criminal Procedure on the Petition and Order for a Warrant for an Offender Under Supervision (“Petition”) in the above matter.
Defendant was placed under oath and informed of his constitutional rights. It was determined that Defendant wished to be represented by an attorney and he qualified for appointed counsel. Federal Defender Services of Eastern Tennessee was appointed to represent Defendant. It was also determined that Defendant had been provided with and reviewed with counsel a copy of the Petition.
The Government moved that Defendant be detained without bail pending his revocation hearing before U.S. District Judge Curtis L. Collier. Defendant waived his right to a preliminary hearing but requested a detention hearing and time to prepare for said hearing, which was scheduled to take place on December 4, 2023. Defendant was temporarily detained until his detention hearing.
Based upon the Petition and waiver of preliminary hearing, the Court finds there is probable cause to believe Defendant has committed violations of his condition of supervised release as alleged in the Petition.
Prior to the scheduled detention hearing, Defendant filed a Notice of Waiver of Detention Hearing [Doc. 50]. Based on the waiver, I find Defendant, with advice of counsel, waived his right to a detention hearing, but a detention hearing may be sought later upon the filing of a proper motion. The Government's motion that Defendant be DETAINED WITHOUT BAIL pending further order is GRANTED and Defendant shall be held in custody by the United States Marshal and produced for future hearings.
Accordingly, it is ORDERED that:
(1) Defendant shall appear for a revocation hearing before U.S. District Judge Collier.
(2) The Government's motion that Defendant be DETAINED WITHOUT BAIL pending his revocation hearing before Judge Collier is GRANTED.
(3) The U.S. Marshal shall transport Defendant to an in-person revocation hearing before District Judge Collier at 2:00 p.m. on Wednesday, January 24, 2024.
SO ORDERED.