USA v. Tremberth, et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America, 	)
)
Plaintiff, 	) 	ORDER
)
vs. 	)
)
Medora Gabriel Perry, 	)
) 	Case No. 1:21-cr-178
Defendant. 	)
On August 23, 2022, the court issued an order releasing defendant to the Silver Creek
Recovery Center (“Silver Creek”) in Watford City, North Dakota, with the understanding that she
was to surrender to the United States Marshal in Bismarck and return to custody if she was
discharged or terminated from Silver Creek’s inpatient treatment program. (Doc. No. 207).
On September 30, 2022, defendant filed a motion requesting the court to amend its August
23, 2022, order to permit her to reside at Tied for Second, a sober living facility in located in
Bismarck. 	According to defendant, she “has been discharged from Silver Creek treatment for
reaching max benefits.” (Doc. No. 230). Advising that she has been accepted by Tied for Second
and can immediately move into its facility, she requests the court to expedite its consideration of her
request.
The court, in consultation with the Pretrial Services office, is not presently inclined to
approve defendant’s placement at Tied for Second. First, defendant has yet to follow through with
the instructions she was given by the court. The Pretrial Services Office advises that defendant was
discharged from Silver Creek on September 28, 2022. Following her discharge from Silver Creek,
defendant did not surrender to the United States Marshal as required by this court’s August 23, 2022,
1
Case 1:21-cr-00178-DMT Document 233 Filed 09/30/22 Page 1 of 2

order. It is unclear where she has been residing since her discharge from Silver Creek.
Second, the court is not persuaded that a placement of defendant at a sober living facility is
appropriate under the circumstances. Defendant was released to the Bismarck Transition Center on
May 25, 2022. (Doc. No. 156). The court remanded her back into custody a little more than two
months later after she violated her release conditions. 	(Doc. Nos. 190-195, 203). 	The court
subsequently gave her a second chance and released her to Silver Creek for treatment. (Doc. No.
207). She has now been discharged from Silver Creek not for successful completion of its treatment
programming but due to its assessment that she will not benefit from further treatment. Given her
track record while on release, it appears at this point that she requires a level of structure and
supervision that Tied for Second is unlikely to provide.
Accordingly, defendant’s motion (Doc. No. 230) is DENIED. Defendant shall immediately
surrender to the United States Marshal in Bismarck with the understanding that she shall be detained
pending further order.
IT IS SO ORDERED.
Dated this 30th day of September, 2022.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
2
Case 1:21-cr-00178-DMT Document 233 Filed 09/30/22 Page 2 of 2