USA v. Mays et. al.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America, 	)
)
Plaintiff, 	) 	ORDER
)
vs. 	)
)
Aaron William Freeman, 	) 	Case No. 120-cr-184
)
Defendant. 	)
Defendant is charged in a petition with violating his conditions of supervised release. (Doc.
No. 240). On September 30, 2022, defendant made his initial appearance on the petition and was
ordered detained pending a combined preliminary hearing and detention hearing on October 5, 2022.
(Doc. Nos. 244, 247).
The court convened the preliminary hearing and detention hearing on October 5, 2022. (Doc.
No. 250). Based on the evidence presented by the United States, the court concluded there was
probable cause to believe that defendant had violated the conditions of his supervised release as
alleged in the petition. (Doc. No. 251). With respect to the issue of detention, the court concluded
that defendant had not met his evidentiary burden and demonstrated by clear and convincing
evidence that he did not pose a risk of flight or a danger to the community. (Id.).
On October 19, 2022, defendant filed a “motion to review order of detention.” (Doc. No.
256). Therein he requested to be released on conditions to the Sober Living Lodge in Beulah, North
Dakota with the understanding that he would participate in an outpatient treatment program at the
Good Road Recovery Center in Twin Buttes, North Dakota. He also requested further hearing on
this issue. (Doc. No. 257).
1
Case 1:20-cr-00184-DMT Document 265 Filed 11/03/22 Page 1 of 2

On November 2, 2022, the United States filed a response in opposition to defendant’s
motion. (Doc. No. 263). It asserts that release of defendant to a sober living facility is not a viable
release option given the nature of defendant’s alleged violations of his release conditions.
Having reviewed the record, the undersigned is presently disinclined to "reopen" the
detention hearing and release defendant to a facility with less security and structure than the facility
from which he allegedly terminated. Defendant’s motion (Doc. No. 256) is therefore DENIED.
Defendant’s request for further hearing (Doc. No. 257) is deemed MOOT. Defendant may raise the
issue of his struggles with substance abuse and his treatment options at his final revocation hearing
presently scheduled before Judge Hovland on November 8, 2022.
IT IS SO ORDERED.
Dated this 3rd day of November, 2022.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
2
Case 1:20-cr-00184-DMT Document 265 Filed 11/03/22 Page 2 of 2