United States District Court, N.D. Iowa, Cedar Rapids Division
ORDER ON PRELIMINARY HEARING AND DETENTION
Williams Chief United States Magistrate Judge.
matter came before the Court for a preliminary examination
hearing and a detention hearing. Assistant United States
Attorney Mathew Cole appeared on behalf of the United States.
Defendant Ashkelon Barrett appeared in person and with his
attorney, John Bishop. On behalf of defendant, Jason Duffy
testified. On behalf of the government, United States
Probation Officer Rhonda Moyle testified. Defense counsel
proffered facts without objection. The Court found all
testifying witnesses to be credible.
is on supervised release. On January 4, 2017, defendant
appeared for his initial appearance on the Petition to Revoke
Supervision (Doc. 48). The government moved for
defendant's detention pending the hearing on the
petition, scheduled for January 18, 2017, at 1:30 p.m. before
the Honorable Linda R. Reade. Defendant requested release.
January 31, 2008, defendant was sentenced to 120 months'
imprisonment and a three-year Term of Supervised Release for
possessing a firearm after one or more prior convictions for
misdemeanor crimes of domestic violence and distributing
methamphetamine. On April 5, 2016, he began his term of
supervision. In October of 2016, defendant violated his
supervised release, namely he failed to participate in
substance abuse testing and he used a controlled substance.
On November 3, 2016, the Court modified, without a hearing,
defendant's term of supervised release to include 20
hours of community service. On December 29, 2016, defendant
completed his 20 hours of community service. One day later,
according to the current petition, defendant committed a new
law violation, used alcohol/entering bars or taverns, and
traveled without permission. (Doc. 57).
Officer Moyle testified that she was alerted by email on
December 30, 2016, that University Heights Police Officers
had stopped defendant for suspected driving while
intoxicated. Defendant called Officer Moyle from the scene,
prior to going to jail, and admitted to her that he had
consumed alcohol in Cedar Rapids, drove to Iowa City, went to
dinner and drank some more alcohol, and was stopped by police
while driving from the restaurant. A few days later, on
January 3, 2017, defendant spoke with Officer Moyle again
after he was released from jail. Defendant again admitted to
his drinking and driving on December 30, 2016. He also
admitted that he had driven to Iowa City on other occasions
beginning in the summer of 2016 and consumed alcohol on those
hearing, Jason Duffy, defendant's work supervisor,
testified that defendant is an ideal worker and could return
to work as a carpenter. Mr. Duffy stated that he was not
aware of defendant drinking, using drugs, or leaving the
immediate area. Defendant's counsel proffered that
defendant has strong ties to the community, lives with family
and may continue to do so, is able to return to his
employment as a carpenter, and was fully honest with his
probation officer in admitting to the instant violations of
his supervised release.
the Court turns to the preliminary examination hearing. The
Court finds probable cause to believe that defendant
committed the violations alleged in the current petition
(Doc. 57). See Fed. R. Crim. P. 5.1(e). United
States Probation Officer Moyle testified that defendant
confessed to her that he committed the current violations in
addition to confessing that he began consuming alcohol and
traveling to the Southern District of Iowa in the summer of
to Rule 32.1(a)(6) of the Federal Rules of Criminal
Procedure, the burden is on defendant to establish by clear
and convincing evidence that he will not flee or pose a
danger to any other person or to the community. Defendant met
the burden of showing by clear and convincing evidence that
he does not pose a flight risk. Defendant's supervisor
testified that defendant is welcome to return to work.
Defense counsel proffered that defendant has strong community
ties and has available an appropriate residence. No evidence
was presented that defendant has ever failed to appear for
any hearing or has fled in the past.
other hand, defendant failed to carry the burden of showing
by clear and convincing evidence that he does not pose a
danger to the community. Defendant has previously violated
conditions of his supervised release. Supervised release is a
part of defendant's sentence and he must comply with the
rules imposed by his term of supervised release. The Court
finds probable cause to believe that defendant consumed
alcohol/entered a tavern or bar, operated a vehicle under the
influence, and traveled to the Southern District of Iowa
without permission. Additionally, defendant's confession
to his probation officer indicates he has violated conditions
of supervised release without being caught. Here defendant
was drinking and driving. This is a serious offense. It poses
a danger to the public and to law enforcement officers. The
Court does not believe that defendant would abide by any
conditions the Court could impose for the period pending his
revocation hearing, set for January 18, 2017.
the Court finds defendant has not shown by clear and
convincing evidence that he is not a danger to the community.
these reasons, the Court grants the government's motion
for detention of defendant pending his revocation hearing on
January 18, 2017.