Opinion
8:18CR331
05-10-2019
UNITED STATES OF AMERICA, Plaintiff, v. ADAM N. HARVEY, Defendant.
ORDER
The defendant appeared before the court on May 10, 2019 regarding Amended Petition for Warrant or Summons for Offender Under Supervision [14], and Second Amended Petition for Warrant or Summons for Offender Under Supervision [17]. Karen M. Shanahan represented the defendant. Jody B. Mullis represented the government. The defendant was advised of the alleged violation(s) of supervised release, right to retain or appointment of counsel, and any right to a preliminary hearing in accordance with Federal Rule of Criminal Procedure 32.1(a)(3).
The government made an oral motion to dismiss Petition for Warrant or Summons for Offender Under Supervision [5], and Amended Petition for Warrant or Summons for Offender Under Supervision [14]. The government's oral motion to dismiss Petition [5], and Amended Petition [14], is granted without objection.
The defendant freely, knowingly, intelligently, and voluntarily waived the right to a preliminary hearing. Fed. R. Crim. P. 32.1(b)(1)(A). The Court finds probable cause as alleged in the petition to believe the defendant violated the terms of supervised release and the defendant should be held to answer for a final dispositional hearing. Fed. R. Crim. P. 32.1(b)(1)(C). The defendant shall appear personally for a final dispositional hearing before District Judge Robert F. Rossiter, Jr. in Courtroom No. 4, Third Floor, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska on June 5, 2019, at 9:00 a.m.
The government moved for detention based upon risk of flight and danger. The defendant freely, knowingly, intelligently, and voluntarily waived the right to a detention hearing. The court finds that the defendant failed to meet his/her burden to establish by clear and convincing evidence that he will not flee or pose a danger to any other person or to the community. Fed. R. Crim. P. 32.1(a)(6); 18 U.S.C. § 3143(a)(1). The government's motion for detention is granted as to risk of flight and danger and the defendant shall be detained until further order of the Court.
The defendant shall be committed to the custody of the Attorney General or designated representative for confinement in a correctional facility and shall be afforded a reasonable opportunity for private consultation with defense counsel. Upon order of a United States court or upon request of an attorney for the government, the person in charge of the corrections facility shall deliver the defendant to the United States Marshal for an appearance in connection with a court proceeding.
IT IS SO ORDERED.
DATED this 10th day of May, 2019.
BY THE COURT:
s/ Michael D. Nelson
United States Magistrate Judge