USA v. Farley et al
Criminal

District of Nebraska, ned-8:2005-cr-00306-35610

ORDER regarding 2nd AMENDED PETITION FOR OFFENDER UNDER SUPERVISION {{184}} as to defendant Steven L. Schrawyer. The defendant shall appear personally for a final dispositional hearing before Senior Judge Joseph F. Bataillon in Courtroom No. 3, Third Floor, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska on July 31, 2019, at 10:30 a.m. Ordered by Magistrate Judge Michael D. Nelson.

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8:05-cr-00306-JFB-SMB Doc # 190 Filed: 06/21/19 Page 1 of 2 - Page ID # 459 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA UNITED STATES OF AMERICA, Plaintiff, 8:05CR306 vs. ORDER STEVEN L. SCHRAWYER, Defendant. The defendant appeared before the court on June 21, 2019 regarding 2nd Amended Petition for Warrant or Summons for Offender Under Supervision [184]. Jeffrey L. Thomas represented the defendant. Patrick C. McGee represented the government. The defendant was advised of the alleged violation(s) of supervised release, right to retain or appointment of counsel, and any right to a preliminary hearing in accordance with Federal Rule of Criminal Procedure 32.1(a)(3). The government made an oral motion to dismiss Amended Petition for Warrant or Summons for Offender Under Supervision [176]. The government's oral motion to dismiss Amended Petition [176] is granted without objection. The defendant freely, knowingly, intelligently, and voluntarily waived the right to a preliminary hearing. Fed. R. Crim. P. 32.1(b)(1)(A). The Court finds probable cause as alleged in the petition to believe the defendant violated the terms of supervised release and the defendant should be held to answer for a final dispositional hearing. Fed. R. Crim. P. 32.1(b)(1)(C). The defendant shall appear personally for a final dispositional hearing before Senior Judge Joseph F. Bataillon in Courtroom No. 3, Third Floor, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska on July 31, 2019, at 10:30 a.m. The government moved for detention based upon risk of flight and danger. The defendant requested a detention hearing which was held. The court finds that the defendant failed to meet his/her burden to establish by clear and convincing evidence that he/she will not flee or pose a danger to any other person or to the community. Fed. R. Crim. P. 32.1(a)(6); 18 U.S.C. § 3143(a)(1). The government's motion for detention 8:05-cr-00306-JFB-SMB Doc # 190 Filed: 06/21/19 Page 2 of 2 - Page ID # 460 is granted as to risk of flight and danger and the defendant shall be detained until further order of the Court. The defendant shall be committed to the custody of the Attorney General or designated representative for confinement in a correctional facility and shall be afforded a reasonable opportunity for private consultation with defense counsel. Upon order of a United States court or upon request of an attorney for the government, the person in charge of the corrections facility shall deliver the defendant to the United States Marshal for an appearance in connection with a court proceeding. IT IS SO ORDERED. DATED this 21st day of June, 2019. BY THE COURT: s/ Michael D. Nelson United States Magistrate Judge