Opinion
2:19-cr-133-SPC-MRM
06-23-2021
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SHERI POLSTER CHAPPELL, UNITED STATES DISTRICT JUDGE
Before the Court is United States Magistrate Judge Thomas B. Smith's Order Revoking Conditions of Release for Defendant Steven Usma. (Doc. 163). Judge Smith has ordered that Usma be detained by the United States Marshals Service because probable cause exists that Usma violated the conditions of his pretrial release. (Doc. 163). Judge Smith has also ordered the Marshals Service to transfer Usma to the Fort Myers Division. (Doc. 163).
In October 2020, the Court sentenced Usma and allowed him to self-surrender to the Bureau of Prisons. (Doc. 127). Two weeks later, the undersigned ordered a warrant for Usma's arrest for violating conditions of his pretrial release and directed him to be remanded. (Doc. 131). Fast forward eight months. On June 14, 2021, Usma was arrested on the warrant, and Judge Smith revoked his conditions of release. (Doc. 160; Doc. 163).
The question now is what action, if any, does the Court need to take on the pretrial release violations given that Usma has been sentenced and is now in the custody of the Marshals Service. Based on the record before the Court, no hearing or further action is needed. Usma has been adjudicated guilty, sentenced, and taken into custody. Because the time has come for Usma to serve his federal sentence, the Marshals Service need not bring him to Fort Myers for further proceedings.
Accordingly, it is now
ORDERED:
(1) The Petition for Action on Conditions of Pretrial Release (Doc. 131) is DISMISSED as moot because no further action is need.
(2) The United States Marshals Service is DIRECTED to immediately transfer Defendant Steven Usma to the Bureau of Prisons to serve his sentence as the Judgment (Doc. 127) so imposed.
DONE AND ORDERED.