Opinion
Case No. 1:08-cr-31
11-19-2012
UNITED STATES OF AMERICA v. CURTIS MCCLAIN
COLLIER / CARTER
MEMORANDUM AND ORDER
CURTIS MCCLAIN ("Supervised Releasee") appeared for a hearing before the undersigned on November 16, 2012, in accordance with Rule 5 and Rule 32.1 of the Federal Rules of Criminal Procedure on the Petition for a Warrant or Summons for an Offender Under Supervision ("Petition"). Those present for the hearing included:
(1) An Assistant United States Attorney for the Government;
(2) Supervised Releasee; and
(3) An Attorney with Federal Defender Services of Eastern Tennessee ("FDS") for the Supervised Releasee.
After being sworn in due form of law, Supervised Releasee was informed or reminded of his privilege against self-incrimination accorded him under the Fifth Amendment to the United States Constitution. It was determined that Supervised Releasee wished to be represented by an attorney and he qualified for appointed counsel. FDS was appointed to represent Supervised Releasee. It was also determined that Supervised Releasee had been provided with and reviewed with counsel a copy of the Petition.
Supervised Releasee has been detained without bail pending his revocation hearing before U.S. District Judge Curtis L. Collier. Supervised Releasee affirmed that he had waived his right to a preliminary hearing and detention hearing.
Findings
Based upon the Petition and waiver of preliminary hearing, the Court finds there is probable cause to believe Supervised Releasee has committed violations of his condition of supervised release as alleged in the Petition.
Conclusions
It is ORDERED:
(1) Supervised Releasee shall appear for a revocation hearing before U.S. District Judge Collier.
(2) The Government's motion that Supervised Releasee be DETAINED WITHOUT BAIL pending his revocation hearing before Judge Collier is GRANTED.
(3) The U.S. Marshal shall transport Supervised Releasee to a revocation hearing before Judge Collier on Thursday, November 29, 2012 at 2:00 p.m.
ENTER.
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SUSAN K. LEE
UNITED STATES MAGISTRATE JUDGE