Opinion
8:22CR70
01-17-2024
UNITED STATES OF AMERICA, Plaintiff, v. JAMES LEE POKORNY, Defendant.
ORDER ON PETITION FOR ACTION ON CONDITIONS OF PRETRIAL RELEASE
Susan M. Bazis, United States Magistrate Judge
The defendant appeared before the Court on January 17, 2024 regarding Petition for Action on Conditions of Pretrial Release [76]. Richard McWilliams represented the defendant. Matt Lierman represented the government. The defendant was advised of the alleged violation(s) of pretrial release, the possible sanctions for violation of a release condition, and the right to a hearing in accordance with the Bail Reform Act. 18 U.S.C. § 3148.
The defendant entered an admission to violating condition(s) of release. The Court took judicial notice of the petition and violation report. The Court finds the defendant freely, knowingly, intelligently, and voluntarily admitted violating release condition (n). The Court further finds there is clear and convincing evidence that a condition was violated. Therefore, the Court finds the defendant violated the Order Setting Conditions of Release [26].
The government requested an order of revocation and detention. The defendant requested release on present or amended conditions. After consideration of the report of Pretrial Services and the arguments of the parties, and affording the defendant an opportunity for allocution, the Court finds there is no condition or combination of conditions of release that will assure that the defendant will not flee or pose a danger to the safety of any other person or the community; and the defendant is unlikely to abide by any condition or combination of conditions of release. The government's request for revocation and detention is granted. The Order Setting Conditions of Release [26] is revoked and the defendant shall be detained until further order of the court.
The defendant has already been sentenced. Defendant is remanded to the custody of the Bureau of Prisons to immediately start serving his sentence.
IT IS SO ORDERED.