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United States v. Saxton

December 1, 2005

UNITED STATES OF AMERICA, PLAINTIFF,
v.
BARRY SAXTON, DEFENDANT.



The opinion of the court was delivered by: Clifford J. Proud U. S. Magistrate Judge

ORDER

This matter is now before the Court on the Government's "Motion to Revoke Order of Release." (Doc. 17).

On September 15, 2005, defendant Barry Saxton was released on bond pending trial. (Doc. 7). The government alleges that he has violated the conditions of his release in several respects. During a hearing on December 1, 2005, defendant indicated that he did not contest the alleged violations.

18 U.S.C. § 3148 mandates that an order of revocation and detention be entered if the Court:

(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. If the judicial officer finds that there are 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, and that the person will abide by such conditions, the judicial officer shall treat the person in accordance with the provisions of section 3142 of this title and may amend the conditions of release accordingly.

18 U.S.C. § 3148(b).

Defendant did not contest, and the Government presented clear and convincing evidence that Saxton tested positive for Marihuana and Cocaine use on multiple occasions, repeatedly failed contact or report to the Pretrial Services and Probation Office as required and directed, was not at his residence when required, failed to contact a drug treatment program as directed, and failed to appear for a scheduled change of plea hearing before U.S. District Judge Michael J. Reagan.

The Court finds, based on the factors set forth in 18 U.S.C. ยง3142(g), that no condition or combination of conditions will assure that Barry Saxton will not pose a danger to the safety of any other person or the community. Saxton's failure to appear before U.S. District Judge Michael J. Reagan on November 18, 2005, is quite disturbing and a bad omen of the likelihood of making future appearances. This Court finds that it is ...


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