USA v. Kyle

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America, 	)
)
Plaintiff, 	) 	AMENDED ORDER GRANTING
) 	MOTION FOR FURLOUGH
vs. 	)
)
Sarah Christine Kyle, 	) 	Case No. 1:21-cr-017
)
Defendant. 	)
Defendant is presently in Marshals Service custody. She is being housed at the Heart of
America Correctional and Treatment Center. On February 17, 2021, she entered a guilty plea to the
offense of conspiracy to distribute and possess with intent to distribute 500 grams or more of a
mixture and substance containing detectable amounts of methamphetamine in violation of 21 U.S.C.
§ 846. (Doc. Nos. 32, 36). Her sentencing hearing is currently scheduled for February 7, 2022, at
10:00 AM in Bismarck before Judge Traynor. (Doc. No. 46).
On October 7, 2021, defendant filed a Motion for Furlough. 1 In anticipation that she would
be accepted into an inpatient treatment program at Summit Prairie Recover Center’s (“Summit”)
Silver Creek facility in Watford City, North Dakota, she requests to be released Summit’s facility
in Washburn.
On October 12, 2021, defendant provided the court with a letter she had received from
Summit confirming that she meets all requirements for admission and that Summit can hold a bed
for her until October 19, 2021.
1 This is defendant’s second such request. Defendant previously filed a motion for
furlough on June 4, 2021, that the court denied. (Doc. Nos. 42, 44).
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There being no objection from the United States, the court GRANTS defendant’s motion.
(Doc. No. 47). Defendant shall be released to Heather Leier no earlier than 9:00 AM on October
18, 2021, for immediate transport to Summit’s Silver Creek facility. Defendant’s release shall be
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 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 report to the Pretrial Services Officer at such times and in such
manner as designated by the Officer.
(5) 	Defendant shall not possess a firearm, destructive device, or other dangerous
weapon.
(6) 	Defendant shall reside at Summit’s Silver Creek facility, fully participate in its
programming, and comply with all of its rules and regulations. 	Upon defendant
arrival, defendant shall contact Pretrial Services Officer Shylah Leonard at (701)
297-7246.
(7) 	Defendant shall sign all releases of information requested by the Pretrial Services
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Officer so that her progress and participation in treatment may be monitored.
(8) 	Defendant shall submit her 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.
(9) 	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.
If defendant is not immediately admitted or accepted by Summit upon her arrival at the Silver Creek
facility, defendant shall immediately return to the Heart of America Correctional and Treatment
Center with the understanding that she shall be remanded back into custody pending further order.
IT IS SO ORDERED.
Dated this 15th day of October, 2021.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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