USA v. Ornelas et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America, 	)
)
Plaintiff, 	) 	ORDER AMENDING PRETRIAL RELEASE
) 	CONDITIONS
vs. 	)
)
Joanna Elsie Smith, 	) 	Case No. 1:19-cr-160
)
Defendant. 	)
On November 20, 2019, the court issued an order conditionally releasing defendant to the
Sahnish Healing Lodge, in White Shield, North Dakota. 	On November 21, 2019, defendant’s
supervising Pretrial Services Officer relayed to the court a request from defendant to relocate to the
Parshall Resource Center as it has an immediate opening and provides more services than the
Sahnish Healing Lodge.
The supervising Pretrial Services Officer and the United States have advised the court that
they have objection to defendant’s request. The supervising Pretrial Services Officer has also
confirmed that the Parshall Resource Center will accept defendant.
Accordingly, defendant’s request is GRANTED. Defendant shall immediately report to the
Parshall Resource Center. The following conditions apply to her release:
(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 report to the Pretrial Services Officer at such times and in such
manner as designated by the Officer.
(4) 	Defendant shall refrain from: any use of alcohol; any use or possession of a narcotic
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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 process or specimen may be considered the same as a
positive test result.
(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
with co-defendants, except that counsel for the defendant, or counsel's agent or
authorized representative, may have such contact with such person(s) as is necessary
in the furtherance of the defendant's legal defense.
(7) 	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.
(8) 	Defendant shall contact her supervising Pretrial Services Officer upon arriving at the
Parshall Resource Center. 	She shall reside at the Parshall Resource Center, fully
participate in its programming, and comply with all of its rules and regulations. If
Defendant is terminated from its programming, her pretrial release will be
immediately revoked.
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IT IS SO ORDERED.
Dated this 21st day of November, 2019.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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