USA v. Cotton et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America, 	)
)
Plaintiff, 	) 	ORDER GRANTING MOTION TO
) 	RECONSIDER DETENTION ORDER
)
vs. 	)
)
Kristen Rose Valencia, 	) 	Case No. 1:17-cr-118 and 1:17-cr-166
)
Defendant. 	)
Before the Court is Defendant’s Motion to Reconsider Detention Order (Doc. No. 475 in
Case No. 1:17-cr-118 and Doc. No. 334 in Case No. 1:17-cr-166). Defendant was ordered
detained pending her revocation hearing after a detention hearing on November 19, 2020, in
which the United States opposed her release. See Doc. Nos. 471 in 1:17-cr-118, and 331 in 1:17-
cr-166.
Defendant requests to be released to her mother’s home in Spearfish, South Dakota,
where she could reside with her newborn son. There, she plans to participate in outpatient
treatment at the Native Healing Program with her mother’s support. Defendant states that she
will comply fully with all release conditions. With her motion, Defendant includes a letter from
her mother giving further details as to the release plan and a letter from Native Healing Program.
The Court has been advised there may yet be some opposition to the instant request due
to defendant’s substance abuse and past failures to complete treatment. While cognizant of these
concerns, the Court finds that the location of the proposed release, many miles distant from
Defendant’s former community, as well as the presence of strong family support, 	mitigate the
risks of community danger or flight risk. As such, the Court GRANTS the motion (Doc. No.
475; Doc. No. 334) and ORDERS that Defendant be released no earlier than 7:00 P.M. this
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evening, November 25, 2020, to her mother, Vida Dogskin, for immediate transport to Ms.
Dogskin’s residence in Spearfish, SD.
While on release, Defendant must comply with the following conditions:
(1) 	Defendant shall reside with Vida Dogskin and not change this residence without
the approval of the United States Probation Office.
(2) 	Defendant shall abide by all previously-imposed conditions of release. See Doc.
No. 437 in Case No. 1:17-cr-118; Doc. No. 307 in Case. No. 1:17-cr-166.
(3) 	Within seven days of release, Defendant shall begin treatment in the Ogala Sioux
Tribe’s Native Healing Program.
IT IS SO ORDERED.
Dated this 25th day of November, 2020.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
Case 1:17-cr-00118-DLH Document 476 Filed 11/25/20 Page 2 of 2