USA v. Lee et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America, 	)
)
Plaintiff, 	) 	ORDER
)
vs. 	)
)
Joshua Lee, 	) 	Case No. 1:17-cr-249
)
Defendant. 	)
Defendant was previously ordered detained pending a final hearing on the petition for
revocation of supervised release on May 11, 2021. He is presently being housed at the Cass County
jail in Fargo, North Dakota.
On April 28, 2021, defendant filed a motion for reconsideration of its order of detention.
(Doc. No. 112). Defendant has secured a a placement at an inpatient treatment facility in Lantana,
Florida, operated by AION Health Group (“AION”). He requests to be released on April 30, 2021,
so that he can travel to and participate in AION’s treatment program. He has provided the court with
a detailed travel itinerary.
There being no objection from the United States and finding defendant’s travel itinerary
acceptable, the court GRANTS defendant's motion (Doc. No. 112). Defendant shall be released
no earlier than 11:30 a.m. to his sister, Rebecca Lyson, for transport to the airport in Fargo, from
where he will depart for Florida. Upon arriving in Florida, defendant shall immediately report to
AION’s inpatient treatment facility. 	While on release, defendant remains subject to and shall
comply with the conditions of supervised release previously imposed by the court. Defendant shall
also comply with the following conditions:
(1) 	Defendant shall not violate federal, state, tribal, or local law while on release.
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(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 not possess a firearm, destructive device, or other dangerous
weapon.
(5) 	Defendant shall reside at AION’s treatment facility, fully participate in its
programming, and comply with all of its rules and regulations. Upon his arrival at
the facility, defendant shall contact Probation Officer Travis Dienslake at (701) 297-
7249. 	He shall thereafter report to the Probation Office as it directs.
(6) 	Defendant shall sign all releases of information requested by the Pretrial Services
Officer so that defendant’s progress and participation in treatment may be monitored.
(7) 	Upon his discharge from the treatment program, defendant shall immediately return
Fargo, North Dakota, and report to the United States Marshal's office with the
understanding that he shall be detained pending further order of the court.
(8) 	At least four days before defendant’s discharge, or upon termination from, the
inpatient program, defendant shall provide the court with a travel itinerary back to
North Dakota
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IT IS SO ORDERED.
Dated this 29th day of April, 2021.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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