Filed: Apr. 18, 2017
Latest Update: Apr. 18, 2017
Summary: MEMORANDUM AND ORDER CHRISTOPHER H. STEGER , Magistrate Judge . BRITTANY DAVIS ("Defendant") came before the Court for an initial appearance on April 14, 2017, in accordance with Rule 32.1 of the Federal Rules of Criminal Procedure on the Petition for Warrant for Offender Under Supervision ("Petition"). After being sworn in due form of law, Defendant was informed of her privilege against self-incrimination under the 5th Amendment and her right to counsel under the 6th Amendment to the Uni
Summary: MEMORANDUM AND ORDER CHRISTOPHER H. STEGER , Magistrate Judge . BRITTANY DAVIS ("Defendant") came before the Court for an initial appearance on April 14, 2017, in accordance with Rule 32.1 of the Federal Rules of Criminal Procedure on the Petition for Warrant for Offender Under Supervision ("Petition"). After being sworn in due form of law, Defendant was informed of her privilege against self-incrimination under the 5th Amendment and her right to counsel under the 6th Amendment to the Unit..
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MEMORANDUM AND ORDER
CHRISTOPHER H. STEGER, Magistrate Judge.
BRITTANY DAVIS ("Defendant") came before the Court for an initial appearance on April 14, 2017, in accordance with Rule 32.1 of the Federal Rules of Criminal Procedure on the Petition for Warrant for Offender Under Supervision ("Petition").
After being sworn in due form of law, Defendant was informed of her privilege against self-incrimination under the 5th Amendment and her right to counsel under the 6th Amendment to the United States Constitution.
The Court determined Defendant wished to be represented by an attorney and that she qualified for the appointment of an attorney to represent her at government expense. Consequently, the Court APPOINTED Myrlene Marsa of Federal Defender Services of Eastern Tennessee, Inc. to represent Defendant.
Defendant was furnished with a copy of the Petition, and had an opportunity to review that document with her attorney. The Court determined that Defendant was able to read and understand the Petition with the assistance of her counsel. In addition, AUSA Terra Bay explained to Defendant the specific charges contained in the Petition. Defendant acknowledged she understood the charges in the Petition.
The 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 her counsel and waived the preliminary hearing and detention hearing.
The Court finds that probable cause exists to demonstrate that Defendant has committed violations of her conditions of supervised release, and that Defendant has not carried the burden of establishing by clear and convincing evidence that she 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.
Subsequent to the referenced hearing, an Agreed Order [Doc. 43] was signed by U.S. District Judge Mattice revoking Defendant's supervised release and sentencing her to a period of incarceration for 11 months and no further supervised release.
