USA v. Middleton et al

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
UNITED STATES OF AMERICA 	:
vs. 	: 	CRIMINAL ACTION 13-161-WS-N
JOHN HOWARD HUGGINS 	:
ORDER OF REVOCATION OF RELEASE AND
ORDER OF DETENTION
On September 25, 2013, the undersigned held a telephone conference with
Paul Brown, Esq., counsel for the defendant and Assistant United States Attorney
Gloria Bedwell regarding defendant John Howard Huggins’ conditions of release.
For the reasons articulated by the undersigned during that conversation, the
undersigned finds that there are no conditions or combination of conditions that can
be imposed to assure the safety of the community or ensure defendant’s appearance
at future court proceedings. Accordingly, defendant’s conditions of release are
hereby REVOKED and he is ORDERED DETAINED pending trial.
On September 20, 2013, defendant appeared before the undersigned for a
detention hearing. (Doc. 94) After hearing presentation of evidence and argument
by counsel for defendant and the United States, the undersigned orally set
conditions of release for the defendant to include inpatient treatment at The
Shoulder. The conditions of release were made contingent on defendant’s successful
acceptance into and completion of the ninety day program. On September 25, 2013
the undersigned was notified by pretrial services officer Wilson Castle that The
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Shoulder had declined to admit defendant into the program due to health issues
discovered upon his presentation at the facility. Accordingly, defendant has failed
to meet the conditions of release set by this court.
It is therefore ORDERED that the court’s oral order of September 20, 2013
setting conditions of release be and is hereby REVOKED and Defendant is
REMANDED TO THE CUSTODY OF THE MARSHAL.
It is further ORDERED that Defendant shall be detained pending further
proceedings and committed to the custody of the Attorney General for confinement
in a correctional facility separate, to the extent practicable, from persons awaiting
or serving sentences or being held in custody pending appeal; that Defendant shall
be afforded reasonable opportunity for private consultation with counsel; and that
on order of a court of the United States or upon request of an attorney for the
United States, that the person in charge of the correctional facility in which
Defendant is confined shall deliver Defendant to a United States Marshal for the
purpose of an appearance in connection with a court proceeding.
DONE this 25th day of September 2013.
/s/Katherine P. Nelson
UNITED STATES MAGISTRATE JUDGE
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