USA v. Adams et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America, 	)
)
Plaintiff, 	)
) 	ORDER REVOKING PRETRIAL RELEASE
vs. 	)
)
Darnell Wayne Sylvester, 	) 	Case No. 1:20-cr-068
)
Defendant. 	)
Defendant is charged in a Second Superseding Indictment with conspiracy to distribute and
possess with intent to distribute controlled substances in violation of 21 U.S.C. § 846. (Doc. No.
749). He was arrested in Detroit, Michigan and on July 14, 2020, made his initial appearance before
the United States District Court for the Eastern District of Michigan, which, on motion by the United
States, ordered him detained pending a detention hearing. 	(Doc. No. 250, 252). 	Following a
detention hearing on July 15, 2022, that court released defendant subject to a number of conditions
and a $10,000 unsecured bond pending his arraignment before this court. (Id.).
On August 5, 2022, defendant appeared before this court for his arraignment. (Doc. No.
285). 	Following his arraignment, this court issued an order continuing his release subject to
conditions previously imposed by the district court in the Eastern District of Michigan and with the
additional condition that he submit to treatment and counseling as directed by the Pretrial Services
Office. (Doc. No. 289).
On May 5, 2022, the Pretrial Services Office petitioned this court to take action on
defendant’s pretrial release. (Doc. No. 1096). The petition alleged that defendant had violated his
release conditions, to wit: he had tested positive for controlled substances on multiple occasions and
1
Case 1:20-cr-00068-DMT Document 1122 Filed 05/23/22 Page 1 of 3

has been unsuccessfully terminated from treatment due to attendance issues. (Id.). This court signed
the petition and directed the Clerk’s office to issue a warrant for defendant’s arrest. (Id.).
Defendant was arrested in Detroit, Michigan, on May 12, 2022. (Doc. No. 1114). That same
day he made his initial appearance before the United States District Court for the Eastern District
of Michigan, which conditionally released him pending a final hearing before this court on the
petition for action on defendant’s pretrial release. (Doc. No . 1117).
On May 23, 2022, this court convened a final hearing on the petition for action on
defendant’s pretrial release. 	AUSA Rick Volk appeared on behalf of the United States. Attorney
Garrett Ludwig appeared on defendant’s behalf. Defendant appeared virtually from his residence
in Detroit.
At the outset of the hearing, defendant admitted to violating his pretrial release conditions
as alleged in the petition. Accordingly, for the reasons articulated on the record and for the reasons
that follow, the court shall revoke defendant’s pretrial release.
This instant proceedings are governed by 18 U.S.C. § 3148, which provided in relevant part
the following:
[A] person charged with violating the condition of release that such person not
commit a Federal, State, or local crime during the period of release, shall be brought
before the judicial officer who ordered the release and whose order is alleged to have
been violated. The judicial officer shall enter an order of revocation and detention
if, after a hearing, the judicial officer--
(1) 	finds that there is-
(A) 	probable cause to believe that the person has committed a
Federal, State, or local crime while on release; or
(B) 	clear and convincing evidence that the person has violated
any other condition of release; and
(2) finds that--
(A) 	based on the factors set forth in section 3142(g) of this title,
there is no condition or combination of conditions of release
that will assure that the person will not flee or pose a danger
2
Case 1:20-cr-00068-DMT Document 1122 Filed 05/23/22 Page 2 of 3

to the safety of any other person or the community; or
(B) 	the 	person 	is 	unlikely 	to 	abide 	by 	any 	condition or
combination of conditions of release.
If there is probable cause to believe that, while on release, the person committed a
Federal, State, or local felony, a rebuttable presumption arises that no condition or
combination of conditions will assure that the person will not pose a danger to the
safety of any other person or the community. If the judicial officer finds that there
are conditions of release that will assure that the person will not flee or pose a danger
to the safety of any other person or the community, and that the person will abide by
such conditions, the judicial officer shall treat the person in accordance with the
provisions of section 3142 of this title and may amend the conditions of release
accordingly.
18 U.S.C. § 3148(b).
Based upon defendant’s admissions in open court, the court finds that there is clear and
convincing evidence that defendant violated the conditions of his pretrial release prohibiting him
using controlled substances and requiring him to participate in treatment as directed by the Pretrial
Services Officer. The court further finds that there are presently no conditions it can impose with
which defendant will abide and 	that will reasonably ensure the safety of the community and
defendant’s appearance at future proceedings. 	Accordingly, the court REVOKES defendant’s
pretrial release. Defendant shall immediately surrender to the Office of the United States Marshal
located at the Theodore Levin U.S. Courthouse, 213 W. Lafayette Blvd., Detroit, Michigan. Upon
his arrival defendant shall be remanded into custody of the Attorney General or designated
representative for confinement in a corrections facility separate, to the extent practicable, from
persons awaiting or serving sentences.
IT IS SO ORDERED.
Dated this 23rd day of May, 2022.
/s/ Clare R. Hochhalter
Clare R. Hochahlter, Magistrate Judge
United States District Court
3
Case 1:20-cr-00068-DMT Document 1122 Filed 05/23/22 Page 3 of 3