U.S. v. Zeigler

Full title: UNITED STATES OF AMERICA v. EARL JOSEPH ZEIGLER, Probationer

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

Date published: Apr 17, 2007

NO. 5: 04-CR-122 (WDO) (M.D. Ga. Apr. 17, 2007)

Opinion

NO. 5: 04-CR-122 (WDO).

April 17, 2007

RE: VIOLATION OF PROBATION

CLAUDE HICKS JR., Magistrate Judge

ORDER

EARL JOSEPH ZEIGLER, a PROBATIONER 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. Elizabeth Francisco of the Macon Bar, substituting for Mr. John Francisco who was in trial. The government was represented by Assistant U. S. Attorney Michael Dennard. The PROBATIONER 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 PROBATION, inter alia, that the PROBATIONER violated conditions of supervision by using illegal drugs on three separate occasions in 2007 and by failing to participate in drug treatment as directed by his probation officer. Therefore, IT IS ORDERED AND DIRECTED that he be DETAINED by the United States Marshal until further order of the court.

While held in custody, said PROBATIONER 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 PROBATIONER shall appear before the Honorable Wilbur D. Owens, Jr. district judge, for a FINAL HEARING as directed by Judge Owens. The Clerk of Court is directed to forward this order and the within file to Judge Owens for the scheduling of said FINAL HEARING at the earliest possible time.

SO ORDERED AND DIRECTED.