United States v. McDaniel

Full title: UNITED STATES OF AMERICA v. SCOTT ALLEN McDANIEL

Court: United States District Court WESTERN DISTRICT OF MICHIGAN

Date published: Dec 28, 2012

Case Number: 1:02-CR-147 (W.D. Mich. Dec. 28, 2012)

Opinion

Case Number: 1:02-CR-147

12-28-2012

UNITED STATES OF AMERICA v. SCOTT ALLEN McDANIEL

Hugh W. Brenneman

ORDER OF DETENTION PENDING

REVOCATION HEARING

In accordance with the Bail Reform Act, 18 U.S.C.§3142(f), a detention hearing has been held. I conclude that the following facts require the detention of the defendant pending revocation hearing in this case.

Part I - Findings of Fact

[ ] (1) The defendant is charged with an offense described in 18 U.S.C. §3142(f)(1) and has been convicted of a (federal offense) (state or local offense that would have been a federal offense if a circumstance giving rise to federal jurisdiction had existed) that is

[ ] a crime of violence as defined in 18 U.S.C.§3156(a)(4).
[ ] an offense for which the maximum sentence is life imprisonment or death.
[ ] an offense for which the maximum term of imprisonment of ten years or more is prescribed in ___^*
[ ] a felony that was committed after the defendant had been convicted of two or more prior federal offenses described in 18 U.S.C.§3142(f)(1)(A)-(C), or comparable state or local offenses.

[ ] (2) The offense described in finding (1) was committed while the defendant was on release pending trial for a federal, state or local offense. [ ] (3) A period of not more than five years has elapsed since the (date of conviction) (release of the defendant from imprisonment) for the offense described in finding (1). [ ] (4) Findings Nos. (1), (2) and (3) establish a rebuttable presumption that no condition or combination of conditions will reasonably assure the safety of (an)other person(s) and the community. I further find that the defendant has not rebutted this presumption.

* Insert as applicable: (a) Controlled Substances Act (21 U.S.C. §801 et seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. §951 et seq.); or (c) Sectlon 1 of Act of Sept. 15, 1980 (21 U.S.C. §955a).

Alternate Findings (A)

[ ] (1) There is probable cause to believe that the defendant has committed an offense

[ ] for which a maximum term of imprisonment of ten years or more is prescribed in ___
[ ] under 18 U.S.C.§924(c).

[ ] (2) The defendant has not rebutted the presumption established by finding 1 that no condition or combination of conditions will reasonably assure the appearance of the defendant as required and the safety of the community.

Alternate Findings (B)

[x] (1) There is a serious risk that the defendant will not appear. [x] (2) There is a serious risk that the defendant will endanger the safety of another person or the community.

Defendant has been residing with his mother-in-law in Cadillac since he was released on January 19, 2012. He is unemployed and is seeking social security disability benefits.
Defendant has a drug problem. On October 8, 2012, defendant was charged with using and possessing marijuana. He admitted he had also previously shared some marijuana with his son in September 2012.

Part II - Written Statement of Reasons for Detention

Defendant has failed to show by clear and convincing evidence that there are conditions that will assure the safety of the community, namely the defendant himself from his repeated use of several types of controlled substances. In addition to the usual reasons for not using controlling substances, defendant also claims to have a heart problem, and his continued use of these drugs could conceivably aggravate that situation as well.

Part III - Directions Regarding Detention

The defendant is committed to the custody of the Attorney General or his designated representative for confinement in a corrections facility. The defendant shall be afforded a reasonable opportunity for private consultation with defense counsel. On order of a court of the United States or on 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 the purpose of an appearance in connection with a court proceeding.

Hugh W. Brenneman, Jr.

Signature of Judicial Officer

Hugh W. Brenneman, Jr., United States Magistrate Judge

Name and Title of Judicial Officer
On October 13, 2012, he tested positive for the use of both marijuana and morphine. The possession and use of less than 25 grams of methamphetamine is a felony under state law. Defendant tested positive on December 11, 2012 for the use of amphetamines/methamphetamine.