USA v. Howe

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America, 	)
)
Plaintiff, 	) 	ORDER
)
vs. 	)
)
Aaron Lane Howe, 	) 	Case No. 1:21-cr-100
)
Defendant. 	)
The court ordered defendant detained following a detention hearing on April 15, 2021,
finding that the United States had proved by clear and convincing evidence that there were no
conditions available to ensure the safety of other persons or the community. (Doc. No. 14). Of
particular concern to the court were defendant’s criminal history, patten of conduct that included
violence, history of noncompliance with court orders, and history of substance abuse that was
presently untreated.
On July 30, 2021, defendant filed a motion requesting the court to reconsider its detention
order and conditionally release him to an inpatient treatment program. (Doc. No. 29). The court
denied defendant’s motion, reasoning:
Defendant's pattern of substance abuse that had not been addressed through treatment
was one of several factors that the court considered when it ordered defendant
detained. Other factors that the court considered , i.e., defendant’s extensive criminal
history, engagement in physically violent conduct, and history of noncompliance
with court orders, continue to weigh heavily against release. Defendant has offered
no reason as to how his release to Summit would reduce the risk he poses to the
community. Accordingly, the court finds that there have been no material changes
in defendant’s circumstances that require reconsideration of detention under 18
U.S.C. § 3142(f).
(Doc. No. 31).
Defendant has since executed a plea agreement, the terms of which provide that he will enter
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a plea of guilty to the offense of assault resulting in serious bodily injury as charged in an
Information. (Doc. Nos. 46, 47). His plea and sentencing hearings are presently scheduled for July
18, 2022, at 9:00 AM in Bismarck before Judge Traynor. (Doc. No. 50).
On March 24, 2022, defendant filed a second motion requesting the court to reconsider its
detention order and conditionally release him to the Prairie Recover Center in Raleigh, North
Dakota, for treatment. (Doc. No. 51). 	The United States apparently does not object.
On April 5, 2022, the court issued an order directing defendant to provide information
regarding is travel arrangements. 	(Doc. No. 52). Defendant subsequently advised that the MHA
Recovery Team can transport him to the Prairie Recover Center on April 7, 2022.
Accordingly, the court GRANTS defendant’s motion (Doc. No. 51). 	Defendant shall be
released no earlier than 11:30 AM on April 7, 2022, to a member of the MHA Recovery Team for
immediate transport to the Prairie Recovery Center. 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 report to the Pretrial Services Officer at such times and in such
manner as designated by the Officer.
(4) 	Defendant shall refrain from any 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
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tampering with the collection progress or specimen may be considered the same as
a positive test.
(5) 	Defendant shall not possess a firearm, destructive device, or other dangerous
weapon.
(6) 	Defendant shall reside at the Prairie Recovery Center, fully participate in its
programming, and comply with all of its rules and regulations. Upon his arrival, he
shall contact Pretrial Services Officer Bobby Wiseman at (701) 530-2404.
(7) 	Defendant shall not knowingly or intentionally have any direct or indirect contact
with the alleged victim(s), except that counsel for the defendant, or counsel's agent
or authorized representative, may have such contact with such person(s) as is
necessary in the furtherance of the defendant's legal defense.
(8) 	Defendant shall sign all releases of information requested by the Pretrial Services
Officer so that his progress and participation in treatment may be monitored.
(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 pretrial
release. Defendant shall notify any other residents that the premises may be subject
to searches pursuant to this condition.
(10) 	Upon completing the Prairie Recovery Center’s treatment program of if otherwise
terminated from Summit, defendant shall immediately report the U.S. Marshal’s
office in Bismarck, North Dakota, with the understanding that he shall detained
pending further order of the court.
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IT IS SO ORDERED.
Dated this 6th day of April, 2022.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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