This matter came before the Court on October 21, 2010, for a detention hearing following the initial appearance and proceedings under Rule 5(c)(3) of the Federal Rules of Criminal Procedure (Probation Violation Petition; W. Dist. TX; MO-10-CR-00066). The government was represented by its counsel, Assistant United States Attorney, Jill Thomas for AUSA Michael Beckwith, and defendant Brandon Porter was represented by Assistant Federal Defender Benjamin Galloway for AUSA Lexi Negin. Probation Officer Scott Storey was also present.
The Court was informed of the following:
1. The defendant has remained compliant with the terms and conditions of electronic monitoring;
2. The defendant has completed 300 hours of community service since July 28, 2010;
3. The defendant has reported to his Probation Officer as directed;
4. The defendant has attended and participated in counseling as directed;
5. The toxicology report provided indicates the defendant tested "clean" on September 1, September 17, and September 20, October 5, October 9, and October 15; and
6. The defendant's father has attended court proceedings, and has indicated to the Court that he will personally provide for the defendant's appearance in the Western District of Texas as directed.
For the foregoing reasons, the Court hereby ORDERS that BRANDON PORTER be RELEASED from custody subject to all terms and conditions of his probation. The defendant is ordered to appear in the United States District Court for the Western District of Texas, Midland-Odessa Division, before U.S. Magistrate Judge David Counts on November 10, 2010 at 10:00 A.M..
However, for the reasons discussed on the record at the hearing, this order is stayed until Tuesday, October 26, 2010, at 4:00 p.m. (PST), to permit the government time to seek review of this order, if it so desires, by the assigned District Judge in the United States District Court for the Western District of Texas.
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