USA v. Kirkaldie

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America, 	)
)
Plaintiff, 	) 	ORDER DENYING MOTION FOR
) 	RECONSIDERATION OF DETENTION ORDER
vs. 	)
)
Houston James Kirkaldie, 	) 	Case No. 1:18-cr-199
)
Defendant. 	)
Following defendant’s waiver in open court of his right to a detention hearing and
preliminary hearing, the court issued an order on January 11, 2023, detaining him pending his
revocation hearing on February 17, 2023. (Doc. Nos. 62, 63).
On January 24, 2023, Defendant filed a “Motion to Reconsider Detention Order.” (Doc. No.
68). Advising that he secured a placement at MHA’s Sober Living Housing in Bismarck, he requests
to be released to an MHA employee for transport to MHA’s Sober Living Housing with the
understanding that he will participate in intensive outpatient treatment and attend weekly AA and
NA meetings.
On January 27, 2023, the United States filed a response to Defendant’s motion. (Doc. No.
69). It asserts that Defendant’s history militates against his release. It further asserts that
Defendant has not otherwise met his burden of proof and demonstrated by clear and convincing
evidence that he is unlikely to flee and does not pose a danger to the community. Fed. R. Crim P.
32.1(a)(6). The court agrees.
Defendant waived his right to a preliminary hearing and in so doing has acknowledged that
there is probable cause to believe that he violated his conditions of supervised release as alleged in
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the current petition. The current petition aside, defendant’s track record while on release is poor.
As the United States has pointed out, he has a history violating this court’s orders, failing to appear
for the scheduled hearings, and of engaging in criminal conduct while on release. His ability to
secure a placement in an unsecured facility and his promise to participate is treatment is not enough
to satisfy his burden under Fed. R. Crim P. 32.1(a)(6). 	His motion (Doc. No. 68) is therefore
DENIED.
IT IS SO ORDERED.
Dated this 30th day of January, 2023.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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