USA v. Little Swallow et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America, 	)
)
Plaintiff, 	) 	ORDER GRANTING MOTION TO MODIFY
) 	DETENTION ORDER
vs. 	)
)
Elyssa Eloise Lingle, 	) 	Case No. 1:18-cr-124
)
Defendant. 	)
The court previously ordered defendant detained pending a final hearing on a petition for
revocation of supervised release. (Doc. No. 187). On September 2, 2021, defendant filed a motion
to modify the order of detention. (Doc. No. 188). She has been accepted into an inpatient treatment
program at Circle Tree Ranch in Tucson, Arizona, and is in the process of finalizing her travel
arrangements. 	She anticipates that she will be able to book passage on a flight departing from
Bismarck in the afternoon on September 3, 2021. She requests to be released on September 3, 2021,
so that she can travel to and participate in Circle Tree Ranch's treatment program.
There being no objection from the United States, the court GRANTS defendant's motion
(Doc. No. 188). 	Defendant shall be released from custody no earlier than 2:00 PM CDT on
September 3, 2021, with the understanding that she shall immediately report to the Bismarck airport,
from where she will fly to Arizona. Upon arriving in Arizona, defendant shall immediately report
to Circle Tree Ranch's facility in Tucson, Arizona. While on release, defendant shall comply with
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.
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(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, 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 progress or specimen may be considered the same as
a positive test.
(4) 	Defendant shall not possess a firearm, destructive device, or other dangerous
weapon.
(5) 	Defendant shall reside at Circle Tree Ranch, fully participate in its programming, and
comply with all of its rules and regulations. 	Upon her arrival, she shall contact
Pretrial Services Officer Travis Dienslake at (701) 297-7249 and therefore report as
he directs.
(6) 	Defendant shall sign all releases of information requested by the Pretrial Services
Officer so that her progress and participation in treatment may be monitored.
(7) 	Upon her discharge from the treatment program, defendant shall immediately return
Bismarck, North Dakota, and report to the United States Marshal's office with the
understanding that she shall be detained pending further order of the court.
(8) 	At least four days before her discharge, or upon termination from, the inpatient
program, defendant shall provide the court with her travel itinerary back to North
Dakota.
Defendant is reminded that, in addition to the conditions set forth above, she remains subject to and
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is required to comply with the conditions of supervised release previously imposed by the court.
Defendant shall provide the Pretrial Services Office with her travel itinerary to Tucson once it is
finalized. In the event defendant is unable to travel to Tucson as anticipated on September 3, 2021,
she shall report the United States Marshal's office in Bismarck with the understanding that she shall
be detained pending further order of the court.
IT IS SO ORDERED.
Dated this 2nd day of September, 2021
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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