USA v. Bergeron et al

1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America, 	)
) 	ORDER DENYING MOTION
Plaintiff, 	) 	TO RECONSIDER ORDER OF
) 	DETENTION
vs. 	)
)
Todd Allen Bergeron, 	) 	Case No.: 1:19-cr-10
)
Defendant. 	)
_____________________________________________________________________________
Before the Court is Defendant’s Motion to Reconsider Order of Detention. (Doc. No.
236). Defendant is currently in custody pending sentencing, which is currently scheduled for
October 14, 2020. (Doc. Nos. 179, 221). He advises that he has been recommended for inpatient
treatment, citing an assessment by Goodman Addiction Services. (Doc. No. 236-1). Defendant
states that he has two options for residential treatment, i.e., North Central and Trinity, both of
which require in-person evaluations. Defendant further advises that North Central accepts walk-
in evaluations Monday through Friday from 8:00 a.m. to 5:00 p.m., and that Trinity does not
accept walk-in evaluations but requires individuals to check into the emergency room. He asks to
be released to his parents’ residence under a condition that he undergo evaluations at both
facilities within 48 hours and follow through with residential treatment. The United States filed a
response in opposition, stating that neither of these centers are traditionally used by the United
States Pretrial Services Office. (Doc. No. 239).
The Court is not convinced that conditions requiring Defendant to undergo evaluations
within 48 hours and follow through with any treatment recommendations are sufficient to
mitigate the risk of flight and community danger present in this case. As such, this motion (Doc.
No. 236) is DENIED. However, the Court is in favor of treatment generally. If Defendant were
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to submit a motion for furlough providing a detailed plan to temporarily leave detention during
the day for evaluation purposes (e.g., for purposes of pursuing a walk-in evaluation at North
Central Human Services between 8:00 AM and 5:00 PM, or checking into the emergency room
to be evaluated at Trinity), the Court would consider such a request.
IT IS SO ORDERED.
Dated this 31st day of August, 2020.
/s/ Clare R. Hochhalter
Clare R. Hochhalter
United States Magistrate Judge
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