United States District Court, N.D. Iowa
ORDER FOR PRETRIAL DETENTION
JON STUART SCOLES, Magistrate Judge.
On the 19th day of August, 2014, this matter came on for hearing on the Government's request to have the Defendant detained prior to trial. The Government was represented by Assistant United States Attorney Dan Chatham. The Defendant appeared personally and was represented by his attorney, Jill M. Johnston.
I. RELEVANT FACTS AND PROCEEDINGS
On August 8, 2014, Defendant Matthew McCauley was charged by Criminal Complaint (docket number 2) with maintaining a drug-involved premises. At the hearing, Cedar Rapids Police Officer Bryan Furman testified regarding the circumstances underlying the instant charge. Officers conducted a motor vehicle stop on March 11, 2014. The driver, Anthony Rice, had a suspended license. In a search incident to arrest, officers found 63 packages containing synthetic marijuana. Rice told officers that he was employed at the Fragrance Hut and that his employer, Defendant Matthew McCauley, told him to take the drugs home at night to prevent them being stolen in any burglary at the store. The seized drugs were sent to the DCI lab for evaluation, and came back positive for XLR-11 and AB-FUBINACA, both Schedule I Controlled Substances.
Nine days later, on March 20, 2014, officers conducted a controlled buy at the Fragrance Hut. Officers purchased packages labeled "Purple Haze" and "Purple Diesel." The DCI laboratory determined that the Purple Haze did not contain any controlled substances, but the Purple Diesel tested positive for the presence of UR-144, XLR-11, and AM-2201.
The next day, March 21, officers went to the Econo Lodge motel in Cedar Rapids, in response to a report by motel management that the renter was "out of control" and potentially damaging property. The renter of the room was Defendant Matthew McCauley. Officers determined that there was an outstanding warrant for Defendant's arrest, and he was taken into custody. In a search incident to arrest, officers found methamphetamine, marijuana, and Oxycodone and Hydrocodone which were not prescribed to Defendant. Officers also located $1, 245 on Defendant's person and found a temporary driver's license in his wallet which displayed Defendant's photograph, but had a different name. At that time, Defendant admitted owning and operating the Fragrance Hut.
According to the Pretrial Services Report, Defendant is 39 years old. He was born in Cedar Rapids and has lived here all of his life. His parents and siblings also live in Cedar Rapids. Defendant was married from 2009 to 2011, but no children were born to the marriage. Defendant has four children from a prior relationship, however, who reside with their mother in Cedar Rapids.
Defendant reported to the pretrial services officer that he has lived with his father for the past three years. Defendant's father stated that the Defendant "comes and goes" and has lived with him when Defendant needs a place to stay. Defendant's father told the pretrial services officer that Defendant was welcome to reside at his home. Also living at the home, however, is Defendant's brother, who has "a lengthy criminal record, " and Roger Alexander, who "has several operating while intoxicated convictions."
Defendant told the pretrial services officer that approximately three months ago he was the proprietor of the Fragrance Hut, but he recently dissolved his LLC and sold the business to his friend, Anthony Brice. (The prosecutor believes that Anthony Brice is actually Anthony Rice.) According to Defendant, for the past month he has been employed at the Fragrance Hut. Defendant also stated that he has been employed as a contractor for All Seasons Construction, and believes he could return to that employment if released.
Defendant has been diagnosed with gastritis, and has been hospitalized several times for severe stomach pain. He has also been diagnosed with a severe social anxiety disorder, and has been prescribed Adderal and Xanax.
Defendant described himself as a "severe alcoholic" between 2003 and 2013, but asserted that he has not consumed alcohol in the past year. Defendant admitted that he has smoked marijuana since he was a "child, " and that he has smoked marijuana as an adult "once or twice" per month. He last smoked marijuana on July 4, 2014. Between 2001 and 2005, Defendant was a heavy user of cocaine, but denies any use of cocaine since that time. Defendant stated that he "sporadically" used methamphetamine for several years, but has not used methamphetamine in the last six months.
Defendant has a lengthy prior criminal record, dating back to age 18. Between 1993 and 1997, Defendant was convicted of theft in the fifth degree, assault, trespass (twice), theft in the third degree (twice), burglary in the third degree, and theft in the fourth degree. Many of the charges occurred while Defendant had other charges pending. Defendant was found in violation of his probation on the burglary charge and sentenced to 21 days in jail. Later, Defendant's deferred judgment on that charge was revoked and he received a five-year suspended prison term. Defendant failed to appear on one of the theft charges, and a warrant was issued for his arrest.
In 2001 and 2002, Defendant was convicted of possession of a controlled substance, failure to affix a tax stamp, and interference with official acts. While on probation on the felony drug charge, Defendant was found in contempt of court and sentenced to 40 days in jail. His probation was later modified to require 365 days at the Gerald Hinzman Center.
Between 2010 and 2014, Defendant has been arrested 27 times. His convictions include trespass to premises of another person and refusing to depart in Hennepin County, Minnesota. A warrant remains outstanding for his arrest in that state. Defendant has also been convicted of interference with official acts, trespass, criminal mischief in the fifth degree, intentional damage to property, providing false identification information, assault on a peace officer, fifth degree theft, public intoxication, harassment in the third degree, criminal mischief in the fourth degree, domestic abuse assault causing bodily injury, theft in the fifth degree, possession of a controlled substance - second offense, public intoxication, theft in the third degree, interference with official acts, and, in 2014, unlawful possession of a prescription drug and theft in ...