United States District Court, E.D. Tennessee, Chattanooga
MEMORANDUM AND ORDER
Christopher H. Steger United States Magistrate Judge.
WASHINGTON (“Defendant”) came before the Court
for an initial appearance on June 9, 2017, in accordance with
Rule 32.1 of the Federal Rules of Criminal Procedure on a
Petition for Warrant for Offender under Supervision
being sworn in due form of law, Defendant was informed of his
privilege against self-incrimination under the 5th Amendment
and his right to counsel under the 6th Amendment to the
United States Constitution.
Court determined Defendant wished to be represented by an
attorney and that he qualified for the appointment of an
attorney to represent him at government expense.
Consequently, the Court APPOINTED Gianna Maio of Federal
Defender Services of Eastern Tennessee, Inc. to represent
was furnished with a copy of the Petition, and had an
opportunity to review that document with his attorney. The
Court determined that Defendant was able to read and
understand the Petition with the assistance of his counsel.
In addition, AUSA Steve Neff explained to Defendant the
specific charges contained in the Petition. Defendant
acknowledged that he understood the charges in the Petition.
Government moved Defendant be detained pending disposition of
the Petition or further Order of this Court. The Court
explained Defendant's right to a preliminary hearing and
detention hearing and what those hearings entail. Defendant
conferred with his counsel and waived the preliminary
hearing; however, he requested a detention hearing.
Court conducted a detention hearing on June 9, 2017.
Defendant was represented by Gianna Maio at the detention
hearing, while the government was represented by Steve Neff.
The government relied upon the testimony of United States
Probation Officer Cornell Mitchell as well as the sworn
Petition executed by Officer Mitchell which includes a
recitation of the various violations of conditions of
supervision committed by Defendant (i.e., refrain
from committing another federal, state or local crime; answer
truthfully all inquiries by, and follow instructions of, the
probation officer; refrain from excessive use of alcohol and
purchasing, possessing, and using controlled substances not
prescribed by a physician; refrain from frequenting places
where controlled substances are illegally sold, used,
distributed or administered; refrain from associating with
persons engaged in criminal activity and persons convicted of
a felony unless granted permission to do so by the probation
officer; notify the probation officer within 72 hours of
being arrested or questioned by a law enforcement officer;
participate in a program of testing and/or treatment for drug
and/or alcohol abuse, as directed by the probation officer).
counsel, Gianna Maio, proffered evidence and introduced two
letters into evidence, which letters speak to Defendant's
good character (Exhibit 1). Counsel for both sides were given
an opportunity to argue for and against detention.
undersigned finds that Defendant tested positive for
marijuana use on a number of occasions in March, April and
May of 2016, which led to a modification of his supervised
release requiring him to serve four weekends of confinement
at the Silverdale Detention Center. He successfully completed
this intermittent confinement; however, in May 2017, the
Chattanooga Police Department executed a search warrant at
Defendant's residence and located marijuana, marijuana
grinders, a small amount of cocaine and a police scanner.
Defendant was arrested and bonded out of the Hamilton County
Jail on May 9, 2017. Defendant failed to notify his Probation
Officer of this contact with law enforcement.
Court finds that the evidence establishes probable cause to
believe that Defendant has committed violations of his
conditions of supervised release, and that Defendant has not
carried the burden of establishing by clear and convincing
evidence that he will not flee or pose a danger to any other
person or to the community. Consequently, the Court GRANTED
the Government's oral motion to detain Defendant pending
disposition of the Petition or further order of this Court.
counsel proffered additional evidence that Defendant has been
diagnosed with a serious - possibly fatal - disease, and
further, that he is in need of significant, critical dental
work which had been scheduled to be performed in the
immediate future. Defendant's counsel will seek to obtain
medical records to substantiate these health conditions and
will present them to the Court if she believes such
conditions form the basis for Defendant to be released from
custody for critical medical treatment.
therefore, ORDERED that:
Counsel for Defendant and the Government shall confer and
make best efforts to submit to United States District Judge
McDonough a proposed Agreed Order with respect to an
appropriate disposition ...