United States District Court, E.D. Michigan, Southern Division
OPINION & ORDER GRANTING THE GOVERNMENT'S
MOTION TO REVOKE ORDER OF BOND (Dkt. 25)
A. GOLDSMITH United States District Judge.
the Court is the Government's Motion to Revoke Order of
Bond (ECF. 25). After applying the proffered evidence to the
factors in Title 18, United States Code, Section 3142(g),
this Court orders Gabriele detained pending trial.
Gabriele's Proffered Information
hearing on February 6, 2018, Gabriele did not refute the
allegations put forth in the government's motion to
revoke bond; specifically, that Gabriele has failed to attend
drug treatment, failed to report to pretrial services as
directed, and has tested positive on at least two occasions
for cocaine, all in violation of her bond. Gabriele countered
that, with respect to the seriousness of the offense, she is
only charged with a manufacturing offense and not a narcotics
trafficking offense. She also proffered that she currently
suffers from serious medical issues related to Raynaud's
disease and long-term back problems.
The Government's Proffered Information
government proffered the allegations contained in the
Criminal Complaint, as well as the charges returned by the
grand jury in the First Superseding Indictment. Additionally,
the government proffered the allegations alleged in the
January 19, 2018, Petition for Action on Conditions of
Release from Pre-trial Services Officer Derek Brand (ECF No.
24) and the allegations outlined in Officer Brand's
January 30, 2018, Bond Status Memorandum. Combined, Officer
Brand's Memo and Petition allege that Gabriele failed to
report as directed to pre-trial services on four occasions
and has submitted multiple positive drug screens between
December 22, 2017 and January 26, 2018. Additionally,
Gabriele has failed to enroll in substance abuse treatment,
as required. The government claimed that the following facts
The Criminal Complaint
November 16, 2017, Gabriele was charged in a criminal
complaint alleging a conspiracy to manufacture a controlled
substance; specifically, methamphetamine. (ECF No. 1,
Criminal Complaint). The affidavit supporting the criminal
complaint detailed that Gabriele and co-Defendant Joshua
Traub were involved in cooking methamphetamine inside
Gabriele's residence when a fire started after some of
the cooking ingredients combusted. (ECF No. 1, PgID 4-5). The
criminal complaint also details that Gabriele had on numerous
occasions purchased or been blocked from purchasing precursor
materials necessary to the manufacture of methamphetamine.
(Id., PgID 10).
Conduct While on Supervision
December 1, 2017, Gabriele appeared for a detention hearing.
At that hearing, defense counsel for Gabriele and the
government agreed that Gabriele was in serious need of
in-patient drug treatment. The government agreed to a bond
that was conditioned on Gabriele entering and completing
in-patient drug treatment at the Salvation Army. (ECF Nos. 6,
7, Audio from Detention Hearing.) Pretrial Service Officer
Derek Brand confirmed a bed was available at the Romulus
Salvation Army for Gabriele that afternoon. (Id. at
7.) Magistrate Judge Grand released Gabriele on a $10, 000.00
unsecured bond with the condition that she be taken by her
grandfather to the Salvation Army treatment facility.
(Id. at 9.) Gabriele's bond also included that
she report as directed to pretrial services and not use or
possess any narcotic drug or controlled substance.
(Id. pg. 3.) Gabriele was told by Magistrate Judge
Grand that her refusal to comply with any aspect of drug
treatment would result in a warrant for her arrest. (ECF
December 22, 2017, Officer Brand petitioned to remove the
requirement that Gabriele attend inpatient drug treatment at
the Salvation Army after it was learned that limitations on
how much weight she could lift prohibited her from
participating in the treatment facility's work program.
(ECF. No. 19, Pet. For Action on Conditions of Pretrial
Release, at 1.) All other conditions, including that Gabriele
participate in substance abuse treatment, remained in place.
January 18, 2018, Officer Brand issued a Petition for Action
on Pretrial Release which detailed that Gabriele failed to
report to pretrial services on four occasions; failed to
provide any documentation that she had been attending
substance abuse treatment as directed; and had tested
positive for cocaine on January 2, 2018. Officer Brand
requested that Gabriele's bond be revoked, reflecting his
determination that she is not a suitable candidate for
supervision while in the community. Since that Petition was
issued, Gabriele has continued to violate her bond
conditions. As alleged in the Bond Status Update issued on
January 30, 2018, Gabriele has not attended drug treatment as
directed, not reported to pretrial services as directed and
has tested positive for controlled substances.