USA v. Yellow, Jr. et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America, 	)
)
Plaintiff, 	) 	AMENDED ORDER GRANTING MOTION
) 	FOR RELEASE
vs. 	)
)
Sibashton Tre Holybear, 	) 	Case No. 1:21-cr-235
)
Defendant. 	)
Defendant is in Marshals Service custody at the 4UVUTNBO $PVOUZ $PSSFDUJPOBM
Center inJamestown, North Dakota. On September 6, 2023, he filed a motion requesting to be
released to either the North Dakota State Hospital (“State Hospital”) in Jamestown or the
Prairie Recovery Center (“Prairie Recovery”) in Raleigh, North Dakota, for substance abuse
treatment.(Doc.No.243).
OnSeptember6,2023, theUnitedStatesfiledaresponsetoDefendant’smotion. (Doc.No.
245). It stated, among other things, that it had no objection to Defendant’s release to Prairie
Recoveryprovidedthathecouldprovideconfirmationofhisacceptance.
OnSeptember8,2023,thecourtissuedanorderinwhichitdeferredrulingonDefendant’s
motion as Prairie Recovery did not have bed space immediately available and Defendant’s
placementattheStateHospitalwascontingentuponhimsuccessfullycompletingareviewwiththe
SouthCentralHumanServiceCenter. (Doc.No.247).
OnSeptember25,2023,thecourtissuedanorderdirectingDefendanttosupplementhis
motiontoadviseonthestatusoftheSouthCentralHumanServiceCenter’sreviewand/orprovide
datescertainonwhichPrairieRecoverywouldhavespaceforhim. (Doc.No.251).
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(1) 	Defendant shall not violate federal, state, tribal, or local law while on release.
(2) 	Defendant shall appear in court as required and surrender for any sentence imposed.
(3) 	Defendant shall refrain from the 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, 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 progress or specimen may be considered the same as
a positive test.
(4) 	Defendant shall report to the Pretrial Services Officer at such times and in such
manner as designated by the Officer.
(5) 	Defendant shall not possess a firearm, destructive device, or other dangerous weapon.
(6) 	Defendant shall not knowingly or intentionally have any direct or indirect contact
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OnSeptember29,2023,Defendantfiledasupplementtohismotionforrelease.(Doc.No.
254). HeadvisesthatPrairieRecoverynowhasabedavailableforhimasevincedbyanattached
acceptanceletterfromPrairieRecovery.Hefurtheradvisesthathisparentscantransporthimto
PrairieRecovery.
TherebeingnoobjectionfromtheUnitedStatestoDefendant’sreleasetoPrairieRecovery,
thecourtGRANTSDefendant’smotion(Doc.No.243). Defendantshallbereleasednoearlierthan
9:00 AM CDT on October 4, 2023, to his parents or other persons(s) approved by the Pretrial
ServicesforimmediatetransporttoPrairieRecovery.Defendant'sreleaseissubjecttothefollowing
conditions:
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with witnesses or co-defendant, except that counsel for Defendant, or counsel's agent
or authorized representative, may have such contact with such person(s) as is
necessary in the furtherance of Defendant's legal defense.
(7) 	Defendant shall reside at Prairie Recovery, fully participate in its programming, and
comply with all of its rules and regulations.
(8) 	Defendant must sign all release forms to allow the Pretrial Services Officer to obtain
information from Prairie Recovery OR to communicate with Prairie Recovery staff
about his progress in the program.
Any passes allowed by Prairie Recovery must be approved by the Pretrial Services
Officer.
If for any reason Defendant is terminated from Prairie Recovery’s treatment
program, he must immediately report to the United States Marshal.
At least 96 hours prior to anticipated completion of the treatment program,
Defendant must advise the Pretrial Services Officer of his anticipated completion
date so the court may schedule a hearing to review his release status.
(9) 	Defendant shall submit his 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 his release.
Defendant shall notify any other residents that the premises may be subject to
searches pursuant to this condition.
(10) 	Defendant must report as soon as possible, to the Pretrial Service Office or his
supervising Pretrial Service Officer, every contact with law enforcement personnel,
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including arrests, questioning, or traffic stops.
(11) 	Upon arriving at Prairie Recovery, Defendant shall immediately contact Pretrial
Services Officer Skylar Soupir at (701) 530-2416.
IT IS SO ORDERED.
Dated this 2nd day of October, 2023.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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