Opinion
Case No. 02-40117-01-JAR
February 19, 2003
ORDER OF DETENTION PENDING SENTENCING AND BOND REVOCATION
The above matter was before the Court for a change of plea on February 3, 2003. Following a change of plea pursuant to the Plea Agreement (Doc. 30), defendant was taken into custody under 18 U.S.C. § 3143. The Court also held a hearing on February 3, 2003 on a Petition for Action on Conditions of Pretrial Release, pursuant to 18 U.S.C. § 3148. This order sets out the findings made during both hearings.
A defendant awaiting sentencing should be detained unless the court can find that he does not pose a risk of flight or a danger to the community. Further, a defendant who is granted pretrial release under 18 U.S.C. § 3142 and then violates the conditions of that release, is subject to the sanction of release revocation. Upon presentation of evidence to the Court and testimony by Probation Officer Brooke Paulson, the Court made the following findings:
1) Defendant was placed on pretrial release on October 15, 2002.
2) A condition of that release was to refrain from the use or possession of illegal drugs.
3) Defendant tested positive for methamphetamine on 12/02/02, 12/09/02, 12/16/02, 1/06/03 and 1/20/03.
4) Defendant admitted to at least one use of methamphetamine in December of 2002.
5) Clear and convincing evidence established that defendant did not abide by the conditions of release.
6) Because of the defendant's failure to abide by the conditions of pretrial release, clear and convincing evidence does not exist to show that defendant is not likely to flee nor that because of his use of illegal drugs that he is not a danger to the community.
In accordance with 18 U.S.C. § 3143(a)(1) and 18 U.S.C. § 3148(b), defendant's pretrial release is revoked and he shall be detained awaiting sentencing.
IT IS SO ORDERED.