USA v. Lovejoy et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America, 	)
)
Plaintiff, 	) 	ORDER GRANTING UNITED STATES’
) 	MOTION TO REVOKE DEFENDANT’S
vs. 	) 	MARCH 1, 2023, FURLOUGH
)
Javonte Jones, 	) 	Case No. 1:21-cr-170
)
Defendant. 	)
On February 3, 2023, the undersigned issued an order granting Defendant’s request for a
furlough on March 1, 2023, so that he could attend an appointment for an elective procedure that
he had scheduled with his orthodontist. (Doc. No. 200).1 The order provided in relevant part the
following: “Defendant shall be released to a person approved by the Probation Officer no earlier
than 11:30 AM on March 1, 2023, for immediate transport to his second appointment at Hollevoet
Orthodontics. He shall return to the Burleigh Morton Detention Center by 2:00 PM on March 1,
2023.” (Id.).
Since filing his furlough request Defendant has entered into a plea agreement with the United
States. (Doc. No. 201). His change of plea hearing is scheduled for March 1, 2023, at 2:30 PM.
(Doc. No. 203).
On February 24, 2023, the United States filed a motion to revoke Defendant’s furlough on
March 1, 2023, on the ground that it conflicts with Defendant’s change of plea hearing. (Doc. No.
204).
1 Defendant filed a motion advising that he was having issues with the braces on his teeth and requesting
furloughs on February 10 and March 1, 2023, so that he could keep his appointments with his orthodontist. (Doc.
Nos. 198 and 200). The court issued an order authorizing both of Defendant’s furloughs. (Doc. No. 200).
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Defendant’s change of plea hearing takes precedence over his furlough for an elective
procedure that can be rescheduled. 	The procedure is not medically necessary. Consequently, it is
not imperative that the procedure is conducted on March 1, 2023.
Defendant is in custody, which means that the United States Marshal must transport him to
the courthouse for his change of plea hearing at 2:30 PM on March 1, 2023. 	As Defendant’s
furlough did not require him to report back to the Burleigh Morton Detention Center until 2:00 PM
on March 1, 2023, the United States Marshal would not have sufficient time to transport him to his
scheduled change of plea hearing.
For these reasons, he undersigned GRANTS the United States’ motion (Doc. No. 204) and
revokes Defendant’s March 1, 2023, furlough. The undersigned appreciates that Defendant did not
have an opportunity to respond to the United States’ motion. While it may come as little consolation
to Defendant, the undersigned would have canceled his March 1, 2023, furlough regardless of the
United States’ motion to ensure that his change of plea hearing can proceed as scheduled. In any
event, Defendant is not prejudiced by the cancellation of his furlough. 	Once Defendant has
rescheduled his appointment with his orthodontist, he may file a motion requesting another furlough.
IT IS SO ORDERED.
Dated this 27th day of February, 2023.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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