United States District Court, N.D. Indiana, Hammond Division
OPINION AND ORDER
P. SIMON, JUDGE
matter is before the Court on Defendant Ashley Jones'
Motion for Review of the Detention Order [DE 96]. I have
reviewed the bond hearing held before Magistrate Judge Andrew
P. Rodovich on February 11, 2019, concur with the order of
detention revoking Jones' bond, and DENY Jones'
request to be released back on bond in this case.
case, Jones is charged by way of a superseding indictment
with conspiracy to use a DEA registration number issued to
other persons for the purpose of obtaining a Schedule V
controlled substance in violation of 21 U.S.C. §
843(a)(1) (Count 1), conspiracy to obtain possession of the
same Schedule V controlled substance by misrepresentation,
fraud, forgery, deception and subterfuge in violation of 18
U.S.C. § 843(a)(3) (Count 2), and using the DEA
registration number of another person to attempt to obtain
possession of a Schedule V controlled substance (Count 11).
[DE 32.] Jones pleaded not guilty and was released on an
unsecured bond on September 24, 2018. Trial was initially
scheduled for January 7, 2019, but was continued to June 3,
2019. Defense counsel and the Government both agree that
Jones is facing a low guideline range (likely zero to six
months incarceration if she were to plead guilty to the
pending charges or proceed to trial and be found guilty).
February 6, 2019, the pre-trial services officer for Jones
filed a Petition for Action on Conditions of Pre-trial
release [DE 89] setting forth that Jones failed to report for
drug testing on five occasions: October 16, 2018, December
13, 2018, December 27, 2018, January 3, 2019, and January 25,
2019. Additionally, Jones tested positive for marijuana and
cocaine on September 12, 2018, and positive for cocaine on
January 28, 2019.
hearing was held before Magistrate Judge Andrew Rodovich on
February 11, 2019, which I have reviewed in detail.
Government counsel provided argument at the hearing and
defense counsel called as a witness Rosalyn Anderson (Ashley
Jones' mother). According to the Government, Jones was
unwilling/unable to comply with her supervision. Probation
gave Jones multiple opportunities and tried to work with her,
but she was combative regarding the drug testing, gave
repeated excuses about submitting to testing, and was just
unwilling to cooperate with probation. The request for bond
revocation was initiated by probation only after several
informal unsuccessful attempts to correct Jones'
behavior. Jones is also on probation in a state case in
Illinois, and has a history of noncompliance with probation
there as well.
turn, Rosalyn Anderson testified that Jones was the primary
care giver for her grandmother who suffers from
Alzheimer's and her uncle who is disabled and in a
wheelchair. According to Anderson, it would pose a hardship
on these individuals if Jones was incarcerated. Anderson also
testified that Jones' father passed away on December 22,
2018 (and she tested positive for cocaine in January 2019),
and Jones suffers from depression, diabetes, hypertension,
anxiety, and mood swings. Anderson testified she would help
Jones make any probation meetings in the future. Defense
counsel also argued that Jones missed one meeting with
probation because she had been hospitalized due to food
poisoning, that she missed another because she needed medical
care after a car accident, and that she has a different
attitude now and is willing to comply with the terms of her
conclusion of the hearing, Judge Rodovich revoked Jones'
bond and remanded her to custody pending trial. [DE 94, 95.]
He reasoned that Jones chose not to cooperate, that she
repeatedly violated the terms of her pretrial release, and he
did not believe that Jones would cooperate with probation in
the future if she was released.
18 section 3145(b) provides for district court review of a
magistrate's detention order. When doing so, I must
conduct a de novo review, and need not defer to the
magistrate's findings. United States v. Levine,
770 F.Supp. 460, 464 (N.D. Ind. 1991).
revocation of bond is governed by 18 U.S.C. § 3148,
which provides that a judicial officer shall enter an order
of revocation and detention if, after a hearing, the judicial
(1) finds that there is -
(A) probable cause to believe that the person has committed a
Federal, State, or local ...