U.S. v. Maxwell

Full title: UNITED STATES OF AMERICA v. MONTAEGO DESHUN MAXWELL, Supervised Releasee

Court: United States District Court, M.D. Georgia, Macon Division

Date published: Sep 23, 2010

NO. 5:06-CR-22 (HL) (M.D. Ga. Sep. 23, 2010)

Opinion

NO. 5:06-CR-22 (HL).

September 23, 2010

RE: VIOLATION OF SUPERVISED RELEASE ORDER

CLAUDE HICKS JR., Magistrate Judge

MONTAEGO DESHUN MAXWELL, a SUPERVISED RELEASEE in the above-styled criminal proceeding, this day appeared before the undersigned for an INITIAL APPEARANCE HEARING under provisions of Rule 32.1 of the Federal Rules of Criminal Procedure, represented by Ms. Catherine M. Leek of the Federal Defender's office. The government was represented by Assistant U. S. Attorney Michael T. Solis. The SUPERVISED RELEASEE was advised of the nature of the proceedings against him and of his legal and constitutional rights. With the assistance of legal counsel, he WAIVED a preliminary hearing under Rule 32.1(b)(1) of the Rules and agreed that a FINAL hearing could be scheduled under Rule 32.1(b)(2).

Upon consideration of the provisions of 18 U.S.C. § 3143(a), the court finds that release from custody at this time is inappropriate in this case. It is alleged in the PETITION FOR ACTION ON SUPERVISED RELEASE, that Mr. Maxwell has violated conditions of supervised release in numerous ways including committing violations of state law on three separate occasions and possessing illegal drugs. Therefore, IT IS ORDERED AND DIRECTED that he be DETAINED by the United States Marshal pending completion of a Final Revocation Hearing.

While held in custody, said SUPERVISED RELEASEE shall be afforded 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 wherein he is confined shall deliver him to the United States Marshal for the purpose of an appearance in connection with this court proceeding. Said SUPERVISED RELEASEE shall appear before the district judge to whom this case is assigned for a FINAL HEARING as directed by that judge. The Clerk of Court is directed to forward this order and the within file to the appropriate district judge for the scheduling of said FINAL HEARING at the earliest possible time.

SO ORDERED AND DIRECTED.