USA v. Dutchuk et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America, 	)
)
Plaintiff, 	) 	ORDER GRANTING MOTION TO
) 	RECONSIDER DETENTION AND SETTING
vs. 	) 	CONDITIONS OF RELEASE
)
Ralph Howling Wolf, 	) 	Case No.1:18-cr-023
)
Defendant. 	)
The court previously ordered Defendant detained pending a final hearing on the petition to
revoke his supervised release. (Doc. No. 201). Defendant is being housed by the United States
Marshal at the Burleigh Morton Detention Center.
On December 19, 2023, Defendant filed a Motion to Reconsider Detention Order. 	(Doc.
No. 206). He advises that he has secured a placement in Good Road Recovery’s (“Good Road”)
inpatient treatment facility in Bismarck, North Dakota. He requests to be released on December 22,
2023, so that he travel to Good Road and begin treatment.
There being no objection from the United States, the court GRANTS Defendant's motion.
(Doc. No. 206). Defendant shall be released at 11:00 AM on December 22, 2023, to staff of Good
Road for transport to Good Road. Defendant's release is subject to the following conditions:
(1) 	Defendant shall not violate federal, state, tribal, or local law while on release.
(2) 	Defendant shall appear in court as required and surrender for any sentence imposed.
(3) 	Defendant shall refrain from the use of alcohol; any use or possession of a narcotic
drug and other controlled substances defined in 21 U.S.C. § 802 or state statute,
unless prescribed by a licensed medical practitioner, any use of medical marijuana,
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and any use of inhalants. Defendant shall submit to drug/alcohol screening at the
direction of the Pretrial Services Officer to verify compliance. Failure or refusal to
submit to testing or tampering with the collection process or specimen may be
considered the same as a positive test.
(4) 	Defendant shall report to the Pretrial Services Officer at such times and in such
manner as designated by the Officer.
(5) 	Defendant shall not possess a firearm, destructive device, or other dangerous weapon.
(6) 	Defendant shall not knowingly or intentionally have any direct or indirect contact
with witnesses or co-defendants, except that counsel for Defendant, or counsel's
agent or authorized representative, may have such contact with such persons as is
necessary in the furtherance of Defendant's legal defense.
(7) 	Defendant shall reside at Good Road, fully participate in its programming, and
comply with all of its rules and regulations.
(8) 	Defendant must sign all release forms to allow the Pretrial Services Officer to obtain
information from Good Road OR to communicate with Good Road staff about his
progress in the program.
Any passes allowed by Good Road must be approved by the Pretrial Services
Officer.
If for any reason Defendant is terminated from Good Road, he must surrender to the
custody of the United States Marshal.
At least 96 hours prior to anticipated completion of the treatment program,
Defendant must advise the Pretrial Services Officer of his anticipated completion
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date so the court may schedule a hearing to review his release status.
(9) 	Defendant shall submit his person, residence, vehicle, and/or possessions to a search
conducted by a Pretrial Services Officer at the request of the Pretrial Services
Officer. Failure to submit to a search may be grounds for revocation of his release.
Defendant shall notify any other residents that the premises may be subject to search
pursuant to this condition.
(10) 	Defendant shall not obtain a passport and other foreign travel document(s).
(11) 	Defendant must report as soon as possible, to the Pretrial Service Office or the
supervising Pretrial Service Officer, every contact he has with law enforcement
personnel, including arrests, questioning, or traffic stops.
IT IS SO ORDERED.
Dated this 20th day of December, 2023.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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