USA v. Grivas et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America, 	)
)
Plaintiff, 	) 	ORDER GRANTING MOTION TO MODIFY
) 	DETENTION ORDER
vs. 	)
)
James William Blankenship, 	)
) 	Case No. 1:13-cr-077
Defendant. 	)
On February 7, 2019, following a hearing on a petition for revocation of supervised release,
the court issued an order detaining defendant until his final hearing regarding the revocation of
supervised release. Defendant’s final hearing regarding the revocation of supervised release is
currently set for March 6, 2019, before Chief Judge Hovland.
On February 20, 2019, defendant filed a “Motion to Modify Order of Detention.” Defendant
asked to attend a chemical evaluation on Monday, February 25, 2019, at 8:30 a.m., at the New
Freedom Center facility in Bismarck, North Dakota. (Doc. No. 1012). The defendant expects
inpatient treatment will be recommended and that he can immediately reside at the New Freedom
Center for such treatment. Id. The government has filed a response to defendant’s motion (Doc. No.
1013) and does not object to the defendant’s proposal, but asks that additional conditions of release
be imposed.
The court GRANTS defendant’s motion (Doc. No. 1012) and imposes the following
conditions of release:
(1) In the event the defendant is not accepted into inpatient treatment at New Freedom
Center, or is terminated from the program, the defendant must immediately turn himself in
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to the U.S. Marshals in Bismarck, ND.
(2) If accepted into the inpatient treatment at the New Freedom Center, defendant
shall reside there and faithfully participate in the program. Defendant shall also
execute releases of information for the United States Probation Office, so that his
treatment progress can be monitored.
(3) Upon successful completion of the program, the defendant must immediately turn
himself in to the custody of the U.S. Marshals in Bismarck, ND, whereupon his counsel may
motion for the court to reconsider the issue of release or detention pending his upcoming
revocation hearing.
(4) Defendant shall abide by all of his other existing conditions of supervised release.
(5) Defendant shall be released from custody on Monday, February 25, 2019, at 7:00 a.m.
to attend the chemical evaluation at New Freedom Center.
IT IS SO ORDERED.
Dated this 22nd day of February, 2019.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court
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