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UNITED STATES v. ADDISON

September 23, 1997

UNITED STATES OF AMERICA
v.
DEWAYNE ERIC ADDISON, Defendant.



The opinion of the court was delivered by: FACCIOLA

 This matter comes before the Court upon the application of the United States that the conditions of defendant's pretrial release be revoked and that the defendant be detained pending trial. After a hearing pursuant to 18 U.S.C. § 3148(b), the government's motion was granted. The Court hereby issues written findings of fact and reasons for its determination to supplement its order of revocation of the defendant's conditional release and his detention pending trial entered September 22, 1997, in open court.

 FINDINGS OF FACT

 
1. The defendant, Dewayne Addison, was charged in a Grand Jury indictment returned August 14, 1997, with conspiracy to distribute firearms as well as illegal possession of those firearms. In separate transactions on May 21, 1997, June 6, 1997, and July 8, 1997, the defendant sold a sawed-off shotgun, a .41 caliber handgun and ammunition, and a .357 magnum handgun to undercover agents.
 
2. The defendant was on probation from a 1996 conviction in D.C. Superior Court for domestic abuse at the time of his indictment in this case. However, no warrant was lodged against him revoking his probation despite Superior Court's notification of the new arrest. Thus, after the ten-day hold expired in this action on August 8, 1997, see 18 U.S.C. § 3142(d), another Magistrate Judge of this Court committed the defendant to the third-party custody of a D.C. Department of Corrections' halfway house. The defendant thereafter procured a job as a cook at a fast food restaurant.
 
3. On September 13, 1997, the defendant checked out of the halfway house at 4:05 a.m. in order to report to work at the restaurant. However, his employer called the half-way house later in the morning and reported that the defendant had failed to show up that day, for which he was fired. He returned to the halfway house by his 6:00 p.m. curfew and subsequently was remanded to the jail for violating the rules of the halfway house. The sanctions hearing pursuant to 18 U.S.C. § 3148(b) was held on September 22, 1997.

 REASONS FOR REVOCATION AND DETENTION

 The Bail Reform Act of 1984, 18 U.S.C. § 3141 et seq., permits the revocation of release and an order of detention for a person who has been released under 18 U.S.C. § 3142 and has violated a condition of that release. 18 U.S.C. § 3148(a). Revocation and detention are mandated

 
if, after a hearing, the judicial officer--
 
(I) finds that there is--
 
(A) probable cause to believe that the person has committed a Federal, State, or local crime while on release; or
 
(B) clear and convincing evidence that the person has violated any other ...

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