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United States v. Boyce

United States District Court, E.D. Missouri, Southeastern Division

August 31, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
BARRY A. BOYCE, Defendant.

          ORDER REGARDING PRELIMINARY HEARING AND DETENTION HEARING

          ABBIE CRITES-LEONI UNITED STATES MAGISTRATE JUDGE

         The Defendant is before the Court on a Petition (Doc. 187) by the United States Probation Office alleging that the Defendant violated the conditions of supervised release previously imposed by the Court and seeking revocation of the Defendant's supervised release. The Honorable Stephen N. Limbaugh, Jr., signed the Petition on August 25, 2017, which included an Order that an arrest warrant be issued.

         Pursuant to Fed. R. Crim. P. 32.1(b)(1)(A), a Preliminary Supervised Release Revocation Hearing was scheduled. On August 30, 2017, the Defendant appeared with counsel, Michael A. Skrien, and the Defendant orally waived his right to the preliminary hearing. In light of the Defendant's waiver, the Court finds that there is probable cause to believe the Defendant committed the violations alleged in the aforementioned Petition. As such, the facts set out in the Petition are adopted and incorporated as if fully set out herein. The undersigned notes that a First Amended Petition (Doc. 191) was filed on August 30, 2017, which includes additional details regarding the alleged location monitoring violations.

         A detention hearing was also held on August 30, 2017, in accordance with Fed. R. Crim. P. 32.1(a)(6) and the Bail Reform Act, 18 U.S.C. §3143(a)(1). Neither party objected to the facts set out in the written report (Doc. 183) submitted to the Court by the Pretrial Services Office.

         The Defendant's statements during the hearing, his pastor's testimony/letter, and the thoughtful argument of defense counsel caused the undersigned to seriously consider releasing the Defendant on a bond so that he could attend his uncle's funeral, followed by GPS restrictions and home confinement. After consideration of all the facts and circumstances set out below, however, the undersigned concludes that the Defendant has failed to establish by clear and convincing evidence that he will not flee or pose a danger to any other person or to the community.

         The Defendant's supervised release term began on November 10, 2016. Since then, the Defendant has been cited for:

i) failing to timely resolve a speeding ticket that was issued on March 14, 2017, or to appear in court as directed, which resulted in a warrant being issued for his arrest;
ii) failing to complete the required monthly, written report within the required timeframe on multiple occasions, including complete failure to submit the monthly reports for November and December 2016, as well as January and February 2016;
iii) failing to arrange an appropriate plan for supporting his dependents[1] in a timely manner;
iv) failing to maintain full time employment[2] and when confronted about the failure responding that the “condition doesn't state that I have to work full time”;
v) failing to appear for drug testing on three occasions including November 19, 2016, as well as February 16 and May 16, 2017;
vi) failing to attend Moral Reconation Therapy on ten occasions (April 25; May 9, 16, 23, and 30; June 6; July 11, 18 and 25; and August 22, 2017);
vii) failing to be truthful with the Probation Officer; and viii) failing to abide by location monitoring restrictions in that a substantial number[3] of unauthorized travel incidents were reportedly detected by the location monitoring device between August 6 and August 22, 2017.

See Docs. 177, 179, 187. In regard to the location monitoring (LM) violations which began occurring immediately following the modification of the Defendant's supervised release conditions to include LM, on August 16, 2017, the Defendant stated “it was hard for him to know everywhere he intends to go throughout the ...


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