USA v. Mckinney et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America, 	)
) 	ORDER REVOKING PRETRIAL
Plaintiff, 	) 	RELEASE
)
vs. 	)
)
Elijah Deshay Mckinney, 	) 	Case No. 1:25-cr-00096
)
Defendant. 	)
_______________________________________________________________________________
On July 16, 2026, defendant appeared before the court on a Petition for Revocation of
Pretrial Release. The hearing was subsequently continued to July 20, 2026.
At the conclusion of the hearing, it was determined that because this is a situation where
under the Controlled Substances Act Defendant is facing a penalty of ten years or more, a
presumption applies as to Defendant’s danger to the community and risk of flight. The presumption
is not presently rebutted. Even if the presumption were rebutted, the court would turn its attention
to the 3142(g) factors and the fact this is a presumption case, and would reach the same conclusion.
There is evidence that Defendant failed to abide by court-imposed conditions, engaged in deceptive
behaviors towards United States Probation and Pretrial Services, admitted to having controlled
substances, which is in violation of federal law, and constructive possession of other controlled
substances and potentially firearms. There is plenty of evidence that Defendant has failed to abide
by court-imposed conditions and there is presently no alternative to detention that has a level of
supervision, security, and a treatment component the court would require. Defendant’s name shall
be placed on the list for potential placement at a residential reentry center.
For the reasons articulated on the record and above, the court REVOKES defendant’s
pretrial release. 	Defendant is committed to the custody of the Attorney General or designated
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representative for confinement in a corrections facility separate, to the extent practicable, from
persons awaiting or serving sentences or being held in custody pending appeal. Defendant shall be
afforded a reasonable opportunity for private consultation with defense counsel. On order of a court
of the United States or on request of an attorney for the Government, the person in charge of the
corrections facility shall deliver defendant to the United States marshal for the purpose of an
appearance in connection with court proceedings.
IT IS SO ORDERED.
Dated this 20th day of July, 2026. .
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
Case 1:25-cr-00096-DMT Document 130 Filed 07/20/26 Page 2 of 2