Opinion
1:07-cr-84-CLC-20
12-29-2015
UNITED STATES OF AMERICA, v. JAMES MCDANIEL
MEMORANDUM AND ORDER
JAMES MCDANIEL ("Defendant") appeared for a hearing on December 28, 2015, in accordance with Rule 32.1 of the Federal Rules of Criminal Procedure on the Petition for a Warrant or Summons for an Offender Under Supervision ("Petition").
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 and a 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.
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.
(2) The U.S. Marshal shall transport Defendant to a revocation hearing set before District Judge Collier at 2:00 p.m. on Wednesday, January 27, 2016.
SO ORDERED.
ENTER.
s/_________
SUSAN K. LEE
UNITED STATES MAGISTRATE JUDGE