USA v. Miller

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America, 	)
)
Plaintiff, 	) 	ORDER GRANTING DEFENDANT’S
) 	MOTION TO RECONSIDER ORDER
vs. 	) 	OF DETENTION
)
Erin Louise Miller, 	) 	Case No. 1:22-cr-201
)
Defendant. 	)
Before the Court is a Motion to Reconsider Order of Detention filed by Defendant on
November 28, 2022. (Doc. No. 18). Defendant is in Marshals Service custody at the Ward County
Jail in Minot, North Dakota. 	Advising that she has been accepted into an inpatient treatment
program at the Prairie Recovery Center (“Prairie Recovery”) in Raleigh, North Dakota, and that
Prairie Recovery can arrange for her transport, Defendant requests to be conditionally released on
November 30, 2022, so that she can travel to and participate in Prairie Recovery’s treatment
program.
The Court GRANTS Defendant’s motion (Doc. No. 18). 	Defendant shall be released to a
representative of Prairie Recovery no earlier than 9:00 a.m. on November 30, 2022, for immediate
transport to Prairie Recovery. 	While on release, Defendant shall comply with the following
conditions:
(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.
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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 reside at Prairie Recovery, fully participate in its programming, and
comply with all of its rules and regulations. 	Upon her arrival, she shall contact
Pretrial Services Officer Bobby Wiseman at (701) 530-2404.
(7) 	Defendant shall sign all releases of information requested by the Pretrial Services
Officer so that her progress and participation in treatment may be monitored.
(8) 	Defendant shall not knowingly or intentionally have any direct or indirect contact
with any witnesses, 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.
(9) 	Defendant shall submit her 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 pretrial
release. Defendant shall notify any other residents that the premises may be subject
to searches pursuant to this condition.
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(10) 	At least four days prior to the completion of her treatment program, Defendant shall
contact the Pretrial Services Office so that it may evaluate the appropriateness of any
proposed living arrangements. 	Upon her discharge from her treatment program,
Defendant shall reside at an address approved by the Pretrial Services Office and not
change this address without the Pretrial Services Office's permission. If the Pretrial
Services Office determines that Defendant is in need of a placement in a residential
facility, Defendant shall report to the designated facility as directed and comply with
the facility's rules and regulations. If a residential facility is not available, Defendant
shall report the United States Marshal's office in Bismarck with the understanding
that she shall be detained pending further order of the court.
IT IS SO ORDERED.
Dated this 29th day of November, 2022.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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