USA v. Roberson et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America,
Plaintiff,
vs.
Danielle Renee Norquay,
Defendant.
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Case No. 3:22-mj-517
MEMORANDUM REGARDING
ARRESTS AND ISSUANCE OF
AMENDED COMPLAINT
The purpose of this memorandum is to document events surrounding Danielle
Renee Norquay’s recent time in federal custody.
On September 6, 2022, based on a complaint and affidavit presented by
Christopher Potts, Special Agent, Federal Bureau of Investigation (FBI), the court issued
a warrant for Norquay’s arrest. The complaint charged Norquay and another individual
with drug conspiracy crimes.
Agent Potts arrested Norquay pursuant to that warrant on September 14, 2022,
in Fargo, North Dakota. (Doc. 19). Agent Potts brought Norquay to the United States
Marshals Office that day, and the United States Marshals Service (USMS) performed
required intake processing. Agent Potts then transported Norquay to the Grand Forks
County Correctional Center (GFCCC), Grand Forks, North Dakota, for detention
pending a court appearance. Because she had not yet had an initial appearance,
Norquay was not in USMS custody while she was detained at GFCCC; rather, she was in
the custody of the FBI.
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On September 15, 2022, the Clerk’s Office arranged for court-appointed counsel
for Norquay and scheduled an initial appearance on Friday, September 16, 2022, before
the undersigned, with Norquay to appear from the Grand Forks courthouse. (Doc. 16).
Later on September 15, the USMS learned Norquay had been hospitalized at Altru
Hospital in Grand Forks. The USMS advised the Clerk’s Office of Norquay’s
hospitalization, and the September 16 initial appearance was cancelled.
Upon learning of Norquay’s September 15 hospitalization, FBI agents effectively
released Norquay from custody, without authorization of the court.
On Saturday, September 17, 2022, Assistant United States Attorney Alex Stock
contacted the undersigned, advising Norquay had been released from Altru Hospital
and was again in FBI custody at GFCCC. Agent Potts then presented another complaint
and affidavit, and the undersigned issued a new arrest warrant on September 17. The
complaint and affidavit presented on September 17 were identical to the original
documents, with the exception of an additional paragraph in the affidavit describing
Norquay’s September 14 arrest, her hospitalization, and her September 17 “rearrest.”
(Doc. 20-1, p. 13). The undersigned deemed the September 17 document an Amended
Complaint. (Doc. 20).
On September 19, 2022, GFCCC staff contacted the USMS, concerned whether
Norquay was medically fit for confinement and concerned Norquay might again require
emergency medical care while in custody. An initial appearance was rescheduled for
September 20, 2022. In part because of her medical condition and in part because she
had timely advised FBI agents of her release from Altru Hospital, at the initial
appearance, the United States supported Norquay’s request for release to reside with a
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friend in Fargo. In summary, Norquay was in federal custody September 14-15, 2022,
and September 17-20, 2022.
Dated this 29th day of September, 2022.
/s/ Alice R. Senechal
Alice R. Senechal
United States Magistrate Judge
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