Opinion
CR. NO. 04-20112-4-Ml.
July 24, 2007
ORDER HOLDING DEFENDANT FOR FINAL REVOCATION HEARING
On July 24, 2007, Jason Tyus appeared before me on a charge of violation of the terms and conditions of his probation/supervised release in this matter. The defendant was advised of his rights under Rules 5 and 32.1(a)(1), Federal Rules of Criminal Procedure.
At this hearing, the defendant was released on bond and, therefore, a preliminary hearing on the violation was not required. See United States v. Sciuto, 531 F.2d 842, 846 (7th Cir. 1976) and United States v. Tucker, 524 F.2d 77, 78 (5th Cir. 1975), cert. denied, 424 U.S. 966, 96 S.Ct. 1462, 47 L.Ed.2d 733 (1976).
Accordingly, defendant, Jason Tyus is held to a final revocation hearing before U.S. District Judge Jon P. McCalla and in accordance with the provisions of Rule 32.1(a)(2), Federal Rules of Criminal procedure.
IT IS SO ORDERED.