U.S. v. HORNE, 1:12-cr-152-5. (2014)
Court: District Court, D. North Dakota
Number: infdco20140716b60
Visitors: 13
Filed: Jul. 15, 2014
Latest Update: Jul. 15, 2014
Summary: ORDER CHARLES S. MILLER, Jr., Magistrate Judge. On July 2, 2014, Defendant Jimmy Howard Horne ("Horne") filed a "Motion for Reconsideration of Order of Detention." Citing his father's ailing health 1 and averring that his criminal history as presented at his detention hearing was inaccurate, he asks that he be conditionally released from custody pending trial to either his residence in Mandan, North Dakota, or a residential reentry facility so that he may care for his ailing father. On July
Summary: ORDER CHARLES S. MILLER, Jr., Magistrate Judge. On July 2, 2014, Defendant Jimmy Howard Horne ("Horne") filed a "Motion for Reconsideration of Order of Detention." Citing his father's ailing health 1 and averring that his criminal history as presented at his detention hearing was inaccurate, he asks that he be conditionally released from custody pending trial to either his residence in Mandan, North Dakota, or a residential reentry facility so that he may care for his ailing father. On July 1..
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ORDER
CHARLES S. MILLER, Jr., Magistrate Judge.
On July 2, 2014, Defendant Jimmy Howard Horne ("Horne") filed a "Motion for Reconsideration of Order of Detention." Citing his father's ailing health1 and averring that his criminal history as presented at his detention hearing was inaccurate, he asks that he be conditionally released from custody pending trial to either his residence in Mandan, North Dakota, or a residential reentry facility so that he may care for his ailing father.
On July 14, 2014, the Government filed a response in opposition to Horne's motion. It avers that there has been no substantial change in circumstances to warrant Horne's release.
Although the court is not without sympathy for Horne and his father, it concludes there has not been a material change in his circumstances to warrant reconsideration of its detention order. Accordingly, Horne's motion (Docket No. 199) is DENIED.
IT IS SO ORDERED.
FootNotes
1. Attached to the motion is affidavit wherein Horne attests that his father: (1) suffers from both Alzheimer's disease and chronic obstructive pulmonary disease; and (2) presently resides in a psychiatric ward in Grand Forks, North Dakota.
Source: Leagle
