USA v. Marks et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America, 	)
)
Plaintiff, 	) 	ORDER GRANTING MOTION
) 	FOR RECONSIDERATION
v. 	)
)
Donovan Tyese Baker-Davis, 	) 	Case No.: 1:23-cr-00209
)
Defendant. 	)
On April 2, 2024, Defendant filed a Motion for Release from Custody. (Doc. No. 180).
Defendant advised he has been accepted into North Dakota Adult and Teen Challenge (“Teen
Challenge”) in Mandan, North Dakota, and requests the court release him to reside there for
treatment.
On April 4, 2024, the court denied Defendant’s motion without prejudice due to
outstanding warrants. (Doc. No. 182). The court advised Defendant that upon resolution of his
outstanding warrants, he could renew his motion.
On April 15, 2024, Defendant filed a Motion for Reconsideration. (Doc. No. 185).
Defendant advised all outstanding warrants in North Dakota have been resolved and requested the
court reconsider its order denying release from custody.
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
persons as required and the safety of any other person and the community.” 18 U.S.C. § 3142(f)(2).
A placement of Defendant at Teen Challenge was not available to Defendant at the time of
his detention hearing and has a material bearing on the issue of detention. The court finds a
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placement of Defendant at Teen Challenge with additional conditions will reasonably assure both
his appearance and the safety of the community. Accordingly, the court GRANTS Defendant’s
motion. (Doc. No. 185). Defendant shall be released no earlier than 8:00 AM on April 29, 2024, to
his mother, Cassandra Davis, for immediate transport to Teen Challenge. Defendant’s release shall
be subject to the following conditions:
1) 	Defendant must not violate federal, state, tribal, or local law while on release.
2) 	Defendant must appear in court as required and must surrender to serve any sentence
imposed.
3) 	Defendant shall report to the Pretrial Services Officer at such times and in such manner as
designated by the Officer. Defendant shall contact Pretrial Officer Skylar Soupir at 701-
530-2416 immediately upon arrival at Teen Challenge.
4) 	Except upon prior approval from the Pretrial Services Officer, Defendant’s travel is
restricted to North Dakota.
5) 	Defendant shall refrain from any 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 result.
6) 	Defendant shall not possess a firearm, destructive device, or other dangerous weapon.
7) 	Defendant shall not knowingly or intentionally have any direct or indirect contact with
witnesses, or codefendants, except that counsel for Defendant, or counsel’s agent or
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authorized representative, may have such contact with such persons, as is necessary in the
furtherance of Defendant’s legal defense.
8) 	Defendant shall undergo a substance abuse and/or mental health evaluation if required by
the 	Pretrial 	Services 	Officer 	and 	comply 	with 	resulting 	counseling 	or 	treatment
recommendations.
9) 	Defendant shall reside at Teen Challenge and shall participate in the center’s programs and
abide by its rules and regulations.
10) Defendant must sign all release forms to allow the Pretrial Services Officer to obtain
information from the treatment facility OR to communicate with facility staff about
Defendant’s progress in the program.
Any passes allowed by the treatment facility must be approved by the Pretrial Services
Officer.
If for any reason Defendant is terminated from the treatment program, Defendant must
immediately surrender to the custody of the Untied States Marshal.
At least 96 hours prior to anticipated completion of the treatment program, Defendant must
advise the Pretrial Services Officer of Defendant’s anticipated completion date so the Court
may schedule a hearing to review Defendant’s release status.
11) Defendant shall submit Defendant’s 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 pretrial release.
Defendant shall notify any other residents that the premises may be subject to searches
pursuant to this condition. The Pretrial Services Officer may conduct a search under this
condition only when reasonable suspicion exists that Defendant has violated a condition of
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release and that the areas to be searched contain evidence of this violation. Any search must
be conducted at a reasonable time and in a reasonable manner.
12) Defendant shall not obtain a passport and other foreign travel document(s).
13) Defendant must report as soon as possible, to the pretrial services or supervising officer,
every contact with law enforcement personnel, including arrests, questioning, or traffic
stops.
IT IS SO ORDERED.
Dated this 16th day of April, 2024.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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