United States District Court, N.D. Iowa, Eastern Division
ORDER FOR PRETRIAL DETENTION
JON STUART SCOLES, Chief Magistrate Judge.
On the 1st day of December, 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 Mark A. Tremmel. The Defendant appeared personally and was represented by his attorney, Jill M. Johnston.
I. RELEVANT FACTS AND PROCEEDINGS
On November 20, 2014, Defendant Christopher Pate was charged by Indictment (docket number 2) with failure to register as a sex offender. At the arraignment on November 25, 2014, Defendant entered a plea of not guilty and trial was scheduled before Chief Judge Linda R. Reade on January 26, 2015.
Deputy Marshal Richard Manning testified regarding the circumstances underlying the instant charge. In 2001, Defendant was convicted in state court of sexual abuse in the third degree. As a consequence of his conviction, Defendant was required to register as a sex offender. Defendant has lived in the Northern District of Iowa since approximately August 2013 and did not register as a sex offender until November 13, 2014. Defendant registered with the Sheriff of Black Hawk County the day after investigators interviewed the woman with whom Defendant is living.
Defendant is 44 years old. He was born in Wilson, North Carolina, and lived there most of his life. His father, mother, and brother continue to live in Wilson. Defendant has never been married, but has three children from three separate relationships. His 20-year-old daughter lives in Wilson, but Defendant does not know the whereabouts of his other two children.
Defendant's criminal history begins in 1989, at age 19, when he was convicted in Wilson County, North Carolina, of reckless driving to endanger and resisting or obstructing a public officer. In 1990, Defendant was convicted of no operator's license. In 1991, he was convicted of purchasing or possessing beer under age. In 1992, Defendant was convicted of being intoxicated and disruptive. In 1993, Defendant was convicted of driving while impaired and driving while revoked. In each case, Defendant received a suspended jail term.
On January 21, 1997, Defendant was charged in Wilson County, North Carolina, with larceny. Two days later, he was charged in that county with selling or delivering a counterfeit controlled substance. Defendant initially received a suspended jail term in each case, but his probation was revoked on the larceny charge and he served 30 days in jail.
Defendant told the pretrial services officer that in 1999 he was traveling "state to state" selling magazines, when he decided to stay in Cedar Falls, Iowa. In November 2000, Defendant was charged in Black Hawk County, Iowa, with assault. He was sentenced in March 2001 to 30 days in jail, with all but 5 days suspended. One month later, he was charged in Black Hawk County with four counts of assault, and was convicted of assault with intent to inflict serious injury and assault causing bodily injury. While those assault charges were pending, Defendant was charged in May with possession of a controlled substance. On September 10, 2001, Defendant received a suspended 2-year prison term on the first assault charge, and a 30-day jail term on the second assault charge, with all but 5 days suspended.
Eight days after being sentenced on the assault charges, Defendant was charged again with assault causing bodily injury. Four days after that, he was charged with sexual abuse in the third degree. On December 18, 2001, Defendant received a suspended 10-year prison term on the sexual abuse charge, but his probation on the initial assault with intent to inflict serious injury was revoked and he was sentenced to a year in prison on the later assault causing bodily injury charge.
On June 26, 2002, Defendant's prison sentence was "reconsidered" and he was placed on probation. On June 25, 2004, however, Defendant was found in violation of his probation and he was placed in the violator's program. Defendant was apparently unsuccessful and his probation was revoked on August 9, 2004. He was discharged from prison on August 23, 2007.
Following his release from prison, Defendant returned to North Carolina. In November 2007 he was charged and later convicted of driving while revoked. He initially received a suspended jail term, but his probation was later violated and he was required to serve 15 days in jail. After that time, Defendant was charged and convicted of possession of cocaine. Defendant was placed on probation, which was extended following a probation violation, and his probation was ultimately revoked on December 5, 2011. At about that time, Defendant was also placed on probation for disorderly conduct, and his probation was revoked in December 2011.
On August 27, 2013, Defendant was charged in Wilson County, North Carolina, with failing to register as a sex offender and failing to report a new address. It was about that time that Defendant moved to Iowa. As previously noted, he failed to register as a sex offender in ...