USA v. Dixon et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America, 	)
)
Plaintiff, 	) 	AMENDED ORDER
)
vs. 	)
)
Aundra Leon Fontenot, 	) 	Case No. 1:17-cr-083
)
Defendant. 	)
Defendant is charged in an Indictment with two offenses: (1) conspiracy to distribute an
possess with intent to distribute controlled substances: and (2) possession with intent to distribute
methamphetamine. 	He ordered detaining following a detention hearing on April 25, 2017. He is
being housed at the Heart of America Correctional and Treatment Center (“HACTC”) in Rugby,
North Dakota.
On July 11, 2017, defendant filed a “Motion for Temporary Release from Custody.” He
requests to be temporary released from HACTC so that he may attend a 45-day treatment program
at the VA Black Hills Health Care System in Hot Springs, South Dakota (hereinafter referred to the
“Hot Springs VA”). In addition to providing the court with his travel itinerary, he advises that the
Government has no objection to his temporary release.
There being no objection from the Government, the court GRANTS defendant’s motion
(Docket No. 179). Defendant shall be released from custody no earlier than 5:30 a.m. on July
18, 2017, 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.
1
Case 1:17-cr-00083-DMT Document 185 Filed 07/17/17 Page 1 of 3

(3) 	Defendant shall report to the Pretrial Services Office at such times and in such
manner as designated by the supervising officer.
(4) 	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.
(5) 	Defendant shall submit his person, residence, vehicle, and/or possessions to a search
conducted by the Pretrial Services Officer at the request 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.
(6) 	Defendant shall not possess a firearm, destructive device, or other dangerous
weapon.
(7) 	Defendant shall reside at the Hot Springs VA, comply with all of its rules and
regulations, and fully participate in its treatment program. Upon arriving at the Hot
Springs VA, defendant shall immediately contact Pretrial Services Officer Baily
Kruger at (701) 530-2314.
(8) 	Defendant shall sign all releases of information requested by the Pretrial Services
Officer to monitor his progress and participation in the treatment program.
2
Case 1:17-cr-00083-DMT Document 185 Filed 07/17/17 Page 2 of 3

(9) 	At least four days (4) before completion of, or upon termination from, the Hot
Springs VA treatment program, defendant shall contact the Pretrial Services Officer
to discuss his living arrangements.
(10) 	Upon his discharge from the Hot Springs VA, defendant shall report to and reside at
a residential facility designated by the Pretrial Services Office, comply with the
residential facility's rules and regulations, and participate in all recommended
programming. If the Pretrial Services Officer determines either that the residential
facility lacks space for defendant or that a placement of defendant at a residential
facility is inappropriate, defendant shall return to HACTC with the understanding that
he shall be detained pending further proceedings.
IT IS SO ORDERED.
Dated this 17th day of July, 2017.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court
3
Case 1:17-cr-00083-DMT Document 185 Filed 07/17/17 Page 3 of 3