Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Dille

United States District Court, Sixth Circuit

June 3, 2013

UNITED STATES OF AMERICA
v.
PAUL A. DILLE, Defendant.

ORDER

A. PRESTON DEAVERS, Magistrate Judge.

This matter came before the Court for a bond revocation hearing on May 15, 2013. Defendant stipulated to certain violations of the conditions of his release.

As the record in this case reveals, Defendant appeared before the Court for his initial appearance on April 9, 2013 and was ordered released on his own recognizance under Pretrial Services supervision, after location monitoring was established, with various conditions of release. On May 14, 2013, the United States Probation Officer submitted a bond violation report to advise the Court of Defendant's use of illicit substances.

Pursuant to 18 U.S.C. § 3148, a person who has been released on bond under 18 U.S.C. § 3142 and has violated a condition of his or her release is subject to having bond revoked. Section 3148(b) provides as follows:

The judicial officer shall enter an order of revocation and detention if, after a hearing, the judicial officer -
(1) finds that there is-
(A) probable cause to believe that the person has committed a Federal, State, or local crime while on release; or
(B) clear and convincing evidence that the person has violated any other condition of release; and
(2) finds that-
(A) based on the factors set forth in section 3142(g) of this title, there is no condition or combination of conditions of release that will assure that the person will not flee or pose a danger to the safety of any other person or the community; or
(B) the person is unlikely to abide by any condition or combination of conditions of release.
If there is probable cause to believe that, while on release, the person committed a Federal, State, or local felony, a rebuttable presumption arises that no condition or combination of conditions will assure that the person will not pose a danger to the safety of any other person or the community....

18 U.S.C. § 3148(b).

Just prior to his arrest in April, Defendant completed a 15-day program at an in-patient drug rehabilitation center. Since his release from detention on April 15, 2013 following his arrest and commencement of pretrial supervision, the United States Pretrial Services Office has had significant contact with Defendant. Less than a month after his release, on May 7, 2013 submitted to random drug testing which ultimately returned as positive for morphine. On May 8, 2013, Defendant notified his Pretrial Services Officer that he had snorted heroin on May 4, 2013. On May 10, 2013, testing revealed the use of opiates. On May 13, 2013 reported that he again used heroin and his test results revealed the presence ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.