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U.S. v. Hock, 17-cr-30091-NJR. (2017)

Court: District Court, S.D. Illinois Number: infdco20170725970 Visitors: 5
Filed: Jul. 24, 2017
Latest Update: Jul. 24, 2017
Summary: ORDER CLIFFORD J. PROUD , Magistrate Judge . Defendant Robert A. Hock was released on bond on June 9, 2017. See, Doc. 13. The conditions of defendant's bond required, among other things, that he not commit another criminal offense, refrain from any use or unlawful possession of narcotic drugs and other controlled substances unless prescribed by a licensed medical practitioner, report to the U.S. Probation Office as directed, and report any contact with law enforcement to the Pretrial Servi
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ORDER

Defendant Robert A. Hock was released on bond on June 9, 2017. See, Doc. 13. The conditions of defendant's bond required, among other things, that he not commit another criminal offense, refrain from any use or unlawful possession of narcotic drugs and other controlled substances unless prescribed by a licensed medical practitioner, report to the U.S. Probation Office as directed, and report any contact with law enforcement to the Pretrial Services Office as soon as possible.

This matter is now before the court on the Government's Renewed Motion to Revoke Bond, Doc. 26. The Court held a hearing on the Motion on July 24, 2017.

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).

The parties appeared on a previous motion to revoke bond on July 10, 2017. At that time, the Court was willing to continue defendant on bond because it appeared that U.S. Probation was going to be able to place him in a residential drug treatment program. See, Doc 21. However, he was not accepted into the program because of an unrelated medical condition.

Based upon the information presented, the Court finds probable cause to believe that defendant committed the offenses of driving on a suspended license and driving above the speed limit on June 21, 2017 and that he committed the offenses of possession of methamphetamine, driving on a suspended license and operating an uninsured vehicle on July 19, 2017. Further, the Court finds by clear and convincing evidence that defendant used methamphetamine on June 26, 2017, and between July 13 and July 19, 201, failed to report that he had contact with law enforcement on June 21, 2017, until he was questioned about it on June 28, 2017, and failed to report to the U.S. Probation Office as directed on numerous occasions.

The Court finds, based on the factors set forth in 18 U.S.C. §3142(g), that no condition or combination of conditions will assure that Robert A. Hock will not pose a danger to the safety of any other person or the community. This Court finds that it is highly unlikely that he would abide by any condition or combination of conditions of release which could be devised.

IT IS THEREFORE ORDERED that the Government's Renewed Motion to Revoke Bond, Doc. 26 is GRANTED.

IT IS FURTHER ORDERED that the defendant, Robert A. Hock, be committed to the custody of the Attorney General for confinement in a corrections facility separate, to the extent practicable from persons awaiting or serving sentences or being held in custody pending appeal; that the defendant be afforded reasonable opportunity for private consultation with his counsel; and, that, on order of a court of the United States, or on request of an attorney for the Government, the person in charge of the corrections facility in which the defendant is confined deliver the defendant to a United States Marshal for the purpose of an appearance in connection with a court proceedings.

IT IS SO ORDERED.

Source:  Leagle

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