USA v. Schmidt, et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America, 	)
)
Plaintiff, 	)
)
vs. 	)
)
Zoey Brook Brechlin, 	)
AMENDED ORDER GRANTING IN PART
MOTION FOR RELEASE FROM CUSTODY
Case No. 1:22-cr-227
)
Defendant. 	)
Before the court is Defendant’ Motion for Release from Custody (Doc. No. 185) and request
for a hearing (186). 	For the reasons discussed below, the Motion for Release from Custody is
granted in part and the request for a hearing is deemed moot.
I. 	BACKGROUND
On June 2, 2023, Defendant entered a guilty plea to the offense charged in Count One of
her Indictment, conspiracy to distribute and possess with intent to distribute controlled substance
in violation of 21 U.S.C. 846. (Doc. No. 85). The Court deferred acceptance of Defendant’s plea
until sentencing, which is presently scheduled for June 24, 2024. (Doc. Nos. 85 and 164).
On October 4, 202, the court issued an order conditionally releasing Defendant to Real
Church, a sober living facility in Bismarck. (Doc. No. 130).
In March 2024 the Pretrial Services Office filed a petition and amend petition alleging that
Defendant had consumed controlled substances on multiple occasions in violation of her release
conditions. (Doc. Nos 168 and 173).
On April 2, 2024, the court convened a hearing on the amended petition. (Doc. No. 182).
AUSA Rick Volk appeared on behalf of the United States. Attorney Steven Balaban appeared on
1
Case 1:22-cr-00227-DMT Document 191 Filed 05/21/24 Page 1 of 5

II. 	DISCUSSION
A detention hearing may be reopened “if the judicial officer finds that information exists that
was not known to the movant at the time of the hearing and that has a material bearing on the issue
whether there are conditions of release that will reasonably assure the appearance of such person as
required and the safety of any other person and the community.” 18 U.S.C. § 3142(f)(2).
Defendant’s prior admissions to using controlled substances while on release remain
disconcerting. Consequently, the court is disinclined to release Defendant to a sober living facility.
However, the court is inclined to afford Defendant an opportunity for treatment. A placement at
Providence House was not previously available to Defendant has a material bearing on the issue of
2
behalf of Defendant. Defendant and Defendant’s supervising Pretrial Services Officer testified.
At the outset of the hearing, Defendant admitted to some but not all of the allegations in the
amended petition. At the conclusion of the hearing, the court found that Defendant’s admissions
and the testimony of the Pretrial Services Officer’s testimony formed a basis for revoking
Defendant’s release. Consequently, the court remanded Defendant to the custody of the United
States Marshal with the caveat that it could revisit this issue on appropriate motion if there is a
change in circumstances or if more information becomes available regarding release options for
Defendant. (Doc. No. 183).
On May 3, 2024, Defendant filed a Motion for Pretrial Release. (Doc. No. 185). On
May 20, 2024, she filed a supplement to her motion. (Doc. No. 190). She requests
to be released to Providence House in Minot, North Dakota, for treament and thereafter to
a sober living facility. She advises that Providence House will arrange for her transport. She
further advises that she has been tentatively accepted into a sober living facility.
Case 1:22-cr-00227-DMT Document 191 Filed 05/21/24 Page 2 of 5

III. 	CONCLUSION
Defendant’s Motion for Release from Custody (Doc. No. 18) is GRANTED IN PART.
Defendant shall be released to Providence House staff no early than 9:00 AM on May 22, 2024, for
transport to Providence House. Defendant's release is subject to the following conditions:
(1) 	Defendant shall not violate federal, state, tribal, or local law while on release.
(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, any use of medical marijuana,
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 process or specimen may be
considered the same as a positive test.
(4) 	Defendant shall report to the Pretrial Services Officer at such times and in such
manner as designated by the Officer.
(5) 	Defendant shall not possess a firearm, destructive device, or other dangerous weapon.
(6) 	Defendant shall not knowingly or intentionally have any direct or indirect contact
with witnesses or co-defendants, except that counsel for Defendant, or counsel's
3
detention. Unlike the residential facility where Defendant was residing while previously on release,
Providence House has more structure and will provide Defendant with treatment. Consequently, the
court finds that a placement of Defendant at Providence House with additional conditions will
reasonably assure both her appearance at future proceedings and the community's safety.
Case 1:22-cr-00227-DMT Document 191 Filed 05/21/24 Page 3 of 5

agent or authorized representative, may have such contact with such person(s) as is
necessary in the furtherance of Defendant's legal defense.
(7) 	Defendant shall reside at Providence House, fully participate in its programming, and
comply with all of its rules and regulations.
(8) 	Defendant must sign all release forms to allow the Pretrial Services Officer to obtain
information from Providence House OR to communicate with Providence House
staff about her progress in the program.
Any passes allowed by Providence House must be approved by the Pretrial Services
Officer.
If for any reason Defendant is terminated from Providence House’s treatment
program, she must surrender to the custody of the United States Marshal.
At least 96 hours prior to anticipated completion of the treatment program,
Defendant must advise the Pretrial Services Officer of her anticipated completion
date so the court may schedule a hearing to review her release status.
(9) 	Defendant shall submit her person, residence, vehicle, and/or possessions to a search
conducted by a Pretrial Services Officer at the request of the Pretrial Services
Officer. Failure to submit to a search may be grounds for revocation of her release.
Defendant shall notify any other residents that the premises may be subject to search
pursuant to this condition.
(10) 	Defendant shall not obtain a passport and other foreign travel document(s).
(11) 	Defendant must report as soon as possible, to the Pretrial Service Office or her
supervising Pretrial Service Officer, every contact with law enforcement personnel,
4
Case 1:22-cr-00227-DMT Document 191 Filed 05/21/24 Page 4 of 5

including arrests, questioning, or traffic stops.
(12) 	Upon arriving at Providence House, Defendant shall contact Pretrial Services Officer
Stephanie Cherney at (701) 530-2396.
If Defendant cannot be transported to Providence House as anticipated on May 22, 2024, she shall
remain in custody pending further order. Defendant’s request for a hearing (Doc. No. 186) is
deemed MOOT.
IT IS SO ORDERED.
Dated this 21st day of May, 2024.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
5
Case 1:22-cr-00227-DMT Document 191 Filed 05/21/24 Page 5 of 5