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UNITED STATES v. POINSETT

January 30, 1997

UNITED STATES OF AMERICA
v.
DONALD EDWARD POINSETT, Defendant.



The opinion of the court was delivered by: HOMER

 Presently pending is the motion of the United States for an order pursuant to 18 U.S.C. § 3148(b) revoking the release of defendant Donald E. Poinsett based on the defendant's continued use of drugs. For the reasons which follow, the motion of the United States is granted.

 I. Background

 On October 25, 1996, the defendant was arrested pursuant to a complaint alleging that the defendant made a false statement to the Veterans Administration (VA) in violation of 18 U.S.C. § 1001. According to the complaint, the defendant falsely denied any prior criminal conviction in an application for employment submitted to the VA. At his initial appearance on the same date, the defendant was ordered released on a $ 10,000 personal recognizance bond and certain additional conditions. Included among those conditions were the following:

 
(7) The defendant shall:
 
. . .
 
. . .
 
(h) refrain from . . . any use or unlawful possession of a narcotic drug and other controlled substances defined in 21 U.S.C. § 802.
 
. . . .
 
(p) [be] subject to random drug testing, evaluation and treatment as directed by the U.S. Probation Department.

 The order of release further advised the defendant that "[a] violation of any of the foregoing conditions of release may result in the immediate issuance of a warrant for your arrest, a revocation of release, [and] an order of detention . . . ." Docket No. 5.

 The defendant tested positive for cocaine and heroin on October 31 and November 7, 1996. He then acknowledged to Pretrial Services that he had been addicted to heroin for fifteen years and was currently participating in a Methadone program as an outpatient. Pretrial Services initiated closer monitoring of the defendant and directed continued participation in the Methadone program. The United States did not seek revocation of the defendant's release.

 On December 4, 1996, the defendant entered a plea of guilty to an information charging a felony violation of 18 U.S.C. § 1001. Docket No. 11. The defendant was continued released on a $ 10,000 personal recognizance bond pending sentencing. A new Order Setting Conditions of Release was entered which continued the conditions ...


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