Free Order of Detention - District Court of Colorado - Colorado

Case 1:00-cr-00526-WDM

Document 457

Filed 08/06/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No.:00-cr-00526-WDM UNITED STATES OF AMERICA Plaintiff, v. DOMINICK SWABACKER, Defendant.

ORDER OF DETENTION THIS MATTER came before the Court for a detention hearing on August 6, 2008. Present were the following: Gregory Rhodes, Assistant United States Attorney, Richard Stuckey, counsel for the defendant, and the defendant. The Court carefully considered the entire court file, the evidence presented during the detention hearing and the arguments of counsel. The Court has concluded, by a preponderance of the evidence, that no condition or combination of conditions of release will reasonably assure the appearance of the defendant, based upon the attached findings. IT IS HEREBY ORDERED that the defendant is committed to the custody of the Attorney General or their designated representative for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal; and IT IS FURTHER ORDERED that the defendant is to be afforded a reasonable opportunity to consult confidentially with defense counsel; and IT IS FURTHER ORDERED that upon order of this Court or on request of an attorney for the United States of America, the person in charge of the corrections facility shall deliver defendant to the United States Marshal for the purpose of an appearance in connection with this proceeding. DATED and ENTERED this 6th day of August, 2008. By the Court: s/Craig B. Shaffer Craig B. Shaffer United States Magistrate Judge

Case 1:00-cr-00526-WDM

Document 457

Filed 08/06/2008

Page 2 of 2

United States v. Dominick Swabacker Case Number 00-cr-00526-WDM

FINDINGS OF FACT, CONCLUSIONS OF LAW and REASONS FOR ORDER OF DETENTION This matter comes before the court on a Petition for Issuance of Arrest Warrant due to Violation of Supervised Release. The Petition alleges that on November 6, 2003, the defendant was placed on supervision by District Judge Miller, with the standard conditions of release and the special condition that the defendant participate in a program of testing and treatment for drug abuse, and that the defendant abstain from the use of alcohol and other intoxicants during the course of treatment. On June 3, 2008, Judge Miller modified the defendant's special conditions to include the requirements that the defendant reside at a residential reentry center for a period of up to 180 days, and that the defendant comply with all rules of that facility. During a hearing on August 6, 2008, the defendant waived his right to a preliminary hearing under Rule 32.1 of the Federal of Criminal Procedure. Based upon the facts alleged in the Petition and in light of the defendant's waiver, the court finds that probable cause exists to believe that the defendant violated one or more conditions of his release. Under Rule 32.1, the court "may release or detain the [defendant] under 18 U.S.C. § 3143(a) pending further proceedings. The burden of establishing that the person will not flee or pose a danger to any other person or to the community rests with the [defendant]." In making my findings of fact, I have taken judicial notice of the information set forth in the Petition and the entire court file. I further note the evidence presented during the detention hearing. Weighing all of the information presently before the court, I find that the defendant has failed to sustain his burden under Rule 32.1. I specifically note that the defendant has a history of non-compliance with release restrictions dating back to his pretrial release. It appears that prior to trial, the defendant violated the requirements associated with electronic monitoring. The Petition alleges that the defendant repeatedly failed to keep counseling appointments, and failed to participate in substance abuse treatment as required. Probation also alleges that the defendant failed to provide proper urine specimens as required by his testing and treatment program. On December 20, 2007, January 20, 2008 and February 12,3, 2008, the defendant admittedly used marijuana. All of the above conduct occurred prior to June 3, 2008, when Judge Miller modified defendant's conditions of release to include placement in a residential reentry facility. The Petition alleges that since June 18, 2008, the defendant has been cited for five separate violations of the rules and policies of Independence House. The defendant has been released from Independence House and is no longer eligible for placement at that facility. On March 28, 2008, the defendant was charged with felony criminal mischief. Following an altercation with another individual, the defendant allegedly rammed his vehicle into the victim's car. This case remains pending in Adams County, Colorado, with the defendant out on bond. Given the defendant's history of non-compliance and his recent failures or inability to comply with conditions of supervised release, I find there is no combination of conditions that I could set that would properly assure the defendant's appearance at further proceedings in this case.