United States District Court, E.D. Tennessee, Winchester
MEMORANDUM AND ORDER
Christopher H. Steger United States Magistrate Judge.
DEWAYNE MIRES (“Defendant”) came before the Court
for an initial appearance on September 12, 2017, in
accordance with Rule 32.1 of the Federal Rules of Criminal
Procedure on a Petition for Warrant for Offender under
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 Myrlene Marsa 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 Chris Poole 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, but requested a detention hearing.
Court conducted the detention hearing on September 15, 2017.
Defendant was represented by Myrlene Marsa. The Government
was represented by Chris Poole. The Government relied upon
the testimony of United States Probation Supervisor Crystal
Johnson, as well as the sworn Petition executed by United
States Probation Officer Jennifer LaFerry. The Petition
includes a recitation of the various violations of conditions
of supervision committed by Defendant (i.e.,
defendant shall not commit another federal, state or local
crime; defendant shall not illegally possess a controlled
substance; defendant shall refrain from any unlawful use of a
controlled substance; defendant shall submit to one drug test
within 15 days of release from imprisonment and at least two
periodic drug tests thereafter; defendant shall not leave the
judicial district without permission of the Court or
probation officer; defendant shall answer truthfully all
inquiries by the probation officer and follow the
instructions of the probation officer; defendant shall
refrain from excessive use of alcohol and shall not purchase,
possess, use, distribute or administer any narcotic or other
controlled substance except as prescribed by the physician;
defendant shall not frequent places where controlled
substances are illegally sold, used, distributed or
administered; defendant shall not associate with any persons
engaged in criminal activity and shall not associate with any
person convicted of a felony unless granted permission to do
so by the probation officer). Defendant's counsel,
Myrlene Marsa, proffered evidence on behalf of Defendant.
Counsel for both sides were given an opportunity to argue for
and against detention.
undersigned finds that Defendant was arrested on August 11,
2017, by the Lewisburg Police Department in Lewisburg,
Tennessee, for possession of controlled substance, unlawful
drug paraphernalia, and criminal conspiracy. Lewisburg is
located in Marshall County, which is outside of the Eastern
District of Tennessee. Defendant did not have permission to
be outside the district. Prior to the arrest, defendant was
subjected to a traffic stop by police for speeding. The
police searched the vehicle, but found no drugs. Defendant
and his passenger, James Pamplin, were taken to jail. Police
later found a black bag containing methamphetamine about a
quarter mile from where the vehicle was stopped. Mr. Pamplin
is a convicted felon.
Court finds that Defendant voluntarily left the Eastern
District of Tennessee without permission. The Court further
finds that he voluntarily associated with James Pamplin, who
is a convicted felon. The proof offered at the hearing
suggested strongly that Mr. Pamplin agreed to sell
methamphetamine to a confidential informant in Lewisburg. Mr.
Miles drove his truck to Lewisburg, while Pamplin rode as a
passenger. At the detention hearing, the evidence offered to
prove that Defendant knew of the proposed drug deal, the
presence of illegal drugs in the truck, and the fact that a
black bag containing the drugs was thrown out of the window
was circumstantial and too vague for the Court to make a
finding that those allegations could be proven. Further,
although Mr. Pamplin is a convicted felon, no proof was
offered to establish that Defendant knew Mr. Pamplin is a
Court finds that the evidence establishes probable cause to
believe that Defendant has committed some violations of his
conditions of supervised release (i.e., traveling
outside the Eastern District of Tennessee; associating with a
convicted felon). The evidence offered at the detention
hearing to substantiate other violations of supervised
release was not persuasive. The evidence also establishes,
however, that Defendant appears to have taken some positive
incremental steps by holding a job for some period of time,
and passing drug tests administered to him. The Court finds
that Defendant has 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 DENIED the Government's oral motion to detain
Defendant pending disposition of the Petition or further
Order of this Court.
undersigned discussed with Defendant the violations of his
conditions of supervised release which have occurred, and
admonished Defendant to refrain from any additional
violations pending resolution of the current Petition, and
for the remainder of his period of supervised release.
therefore, ORDERED that:
1. Counsel for Defendant and the Government shall confer and
make best efforts to submit to United States District Judge
Mattice a proposed agreed order with respect to an
appropriate disposition of the ...