USA v. Bickle 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 FROM CUSTODY
vs. 	)
)
Brian Paul Nelson, 	) 	Case No. 1:23-cr-213
)
Defendant. 	)
Defendant is charged in an Indictment with the offense o conspiracy to distribute and possess
with intent to distribute controlled substances. (Doc. No. 2). On November 17, 2023, he made his
initial appearance and was ordered detained pending an arraignment and detention hearing on
November 23, 2023. (Doc. Nos. 34 and 53). Following his arraignment detention hearing, the court
conditionally released him pending trial. (Doc. No. 89 and 96).
On October 28, 2025, Defendant’s supervising Pretrial Services Officer submitted a petition
alleging that Defendant had tested positive for controlled substances on multiple occasions, admitted
to consuming alcohol and controlled substances, thrice tampered with drug screenings, and was
terminated from a substance abuse program in violation of his conditions of pretrial release. (Doc.
No. 698). Following a hearing on November 3, 2025, at which Defendant admitted to violating his
release conditions as alleged, the court issued an order revoking his release and remanding him to
the custody of the United States marshal. (Doc. Nos. 708 and 709).
On December 16, 2025, Defendant filed a Motion for Release from Detention. (Doc. No.
730). He advises that he has been accepted into an inpatient treatment program at the Prairie
Recovery Center (“PRC”) in Raleigh, North Dakota. He requests to be released to PRC staff for
transport to PRC so that he can begin treatment.
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A detention hearing may be reopened "if the judicial officer finds that information exists that
was not known to the movant at the time of the hearing and that has a material bearing on the issue
whether there are conditions of release that will reasonably assure the appearance of such person as
required and the safety of any other person and the community." 18 U.S.C. § 3142(f)(2).
The court, in consultation with the Pretrial Services Officer, is inclined to conditionally
release Defendant to PRC. Defendant’s acceptance to PRC’s inpatient treatment program is new
information that has a material bearing on the issue of detention. The court is cognizant of
Defendant’s past failure to comply with his conditions of pretrial release. However, Defendant has
now endured an extended period of forced sobriety and would benefit from treatment. Moreover,
the court finds its significant that the Pretrial Services Officer has expressed no opposition to
Defendant’s instant motion.
Accordingly, the court GRANTS Defendant’s motion. (Doc. No. 730). 	Defendant shall
be released to PRC staff no earlier than 10:00 AM on December 22, 2025, for transport to PRC.
Defendant’s release shall be subject to 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, any use of medical marijuana,
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 process or specimen may be
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considered the same as a positive test.
(4) 	Except upon prior approval from the Pretrial Services Officer, Defendant’s travel is
restricted to North Dakota.
(5) 	Defendant shall report to the Pretrial Services Officer at such times and in such
manner as designated by the Officer.
(6) 	Defendant shall not possess a firearm, destructive device, or other dangerous weapon.
(7) 	Defendant shall report to and reside at PRC, fully participate in its programming, and
comply with all of its rules and regulations.
(8) 	Defendant shall not knowingly or intentionally have any direct or indirect contact
with witness(es), or co-defendant(s), 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 must sign all release forms to allow the Pretrial Services Officer to obtain
information from PRC OR to communicate with PRC about his progress there.
Any passes from PRC must be approved by the Pretrial Services Officer.
If for any reason Defendant is terminated from PRC, he must immediately surrender
to the custody of 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 Defendant’s release status.
If Defendant successfully completes PRC’s treatment programming, the Pretrial
Services Officer may approve Defendant's transition to an appropriate sober living
facility.
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(10) 	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 search
pursuant to this condition.
(11) 	Defendant shall not obtain a passport and other foreign travel document(s).
(12) 	Defendant must report as soon as possible, to the Pretrial Service Office or his
supervising Pretrial Services Officer, every contact with law enforcement personnel,
including arrests, questioning, or traffic stops.
If Defendant cannot be transported to PRC as anticipated on December 22, 2025, he shall remain
in custody pending further order.
IT IS SO ORDERED.
Dated this 17th day of December, 2025.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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