U.S. v. Whitehead

Full title: UNITED STATES OF AMERICA v. KENNETH OBYREN WHITEHEAD, Supervised Releasee

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

Date published: Jan 6, 2009

NO. 5:05-CR-24 (HL) (M.D. Ga. Jan. 6, 2009)

Opinion

NO. 5:05-CR-24 (HL).

January 6, 2009

RE: SUPERVISED RELEASE VIOLATION

CLAUDE HICKS JR., Magistrate Judge

ORDER

KENNETH OBYREN WHITEHEAD, a SUPERVISED RELEASEE in the above-styled criminal proceeding, this day appeared before the undersigned for a hearing under provisions of Rule 32.1 of the Federal Rules of Criminal Procedure. He was advised of the nature of the proceedings against him and of his legal and constitutional rights. With the assistance of legal counsel, said SUPERVISED RELEASEE 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 government's [oral] motion seeking detention of the SUPERVISED RELEASEE pending his Final Revocation Hearing, and in light 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. Allegations against Mr. Whitehead include failing to register as a sex offender and failing to take his daily psychotrophic medication as directed. He has an extensive history of being institutionalized for mental problems. In the view of the undersigned, he poses a very serious threat to the safety of the community.

Accordingly, IT IS ORDERED AND DIRECTED that KENNETH OBYREN WHITEHEAD be DETAINED by the United States Marshal until further order of the court. 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 Honorable Hugh Lawson, district judge, for a FINAL HEARING as directed by Judge Lawson. The Clerk of Court is directed to forward this order and the within file to Judge Lawson for the scheduling of said FINAL HEARING at the earliest possible time.

SO ORDERED AND DIRECTED.