United States v. Mango
1:21-cr-00043
W.D. Tex.Mar 10, 2022Background
- John Lindsey was indicted for conspiracy to possess with intent to distribute methamphetamine and was released on conditions on July 9, 2021.
- Release conditions included prohibition on unlawful controlled substance use and required participation in substance-abuse treatment if directed.
- Pretrial Services filed a Petition alleging multiple positive methamphetamine urinalyses (9/3/2021; 11/15/2021; 12/21/2021; 1/19/2022) and unsuccessful discharge from outpatient treatment for continued use.
- Lindsey denied use at the times of the positive tests but admitted the Petition’s allegations at the revocation hearing.
- The court found by clear and convincing evidence that Lindsey violated conditions (drug use and failure to complete outpatient treatment) under 18 U.S.C. § 3148(b)(1)(B).
- The parties jointly requested, and the court granted, an opportunity for Lindsey to enter inpatient substance-abuse treatment; the court ordered Lindsey detained until April 1, 2022, at which time he shall be released to the inpatient program; the Petition was otherwise denied and Lindsey was remanded to custody pending placement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Lindsey violated release conditions by using controlled substances and failing treatment | Positive UAs and discharge from outpatient treatment establish unlawful use and noncompliance warranting revocation | Lindsey admitted violations but sought inpatient treatment rather than continued detention or full revocation | Court found violation by clear and convincing evidence but granted inpatient placement rather than continued release; Petition denied |
| Whether detention pending placement is appropriate | Detention/remand appropriate until placement to ensure compliance and safety | Request for placement to address substance abuse and avoid full revocation | Court remanded Lindsey to custody with counsel access and ordered release to inpatient program on Apr 1, 2022 |
Key Cases Cited
- None (opinion relies on the Pretrial Services report and statutory authority; no reported judicial opinions were cited)