Opinion
Case No. 1:07-cr-084-CLC-SKL-023
02-26-2021
UNITED STATES OF AMERICA v. THOMAS E. MORROW
MEMORANDUM AND ORDER
THOMAS E. MORROW, ("Defendant") appeared for a hearing on February 23, 2021, in accordance with Rules 5 and 32.1 of the Federal Rules of Criminal Procedure on the Petition for a Warrant for an Offender Under Supervision ("Petition") in the above matter.
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, but requested a detention hearing, which was held. During the detention hearing both parties presented their respective evidence, proffers, and/or arguments, which were fully considered by the Court. The Court makes the following findings:
(1) 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.
(2) Also as addressed in detail during the detention hearing, and pursuant to Fed. R. Crim. P. 32.1(a)(6), the Court further finds Defendant has not carried his burden to establish by clear and convincing evidence that he will not fail to appear and/or pose a danger to any other person or to the community if released.
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.
(3) The U.S. Marshal shall transport Defendant to an in-person revocation hearing before District Judge Collier at 2:00 p.m. on Wednesday, April 7, 2021.
SO ORDERED.
ENTER.
/s/_________
SUSAN K. LEE
UNITED STATES MAGISTRATE JUDGE