UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

UNITED STATES OF AMERICA )

) No. 12 CR 367

v. )

) Honorable Young B. Kim

EDWARD D. BOATMAN )

MOTION TO REVOKE PRETRIAL RELEASE ORDER

The UNITED STATES OF AMERICA, through GARY S. SHAPIRO, Acting United States

Attorney for the Northern District of Illinois, pursuant to 18 U.S.C. § 3148(b), hereby moves to

revoke the Court’s order allowing the defendant EDWARD D. BOATMAN (“defendant”) to remain

on pretrial release in the above-captioned matter. In support thereof, the government states as

follows:

1. On July 3, 2012, defendant was arrested pursuant to a complaint charging defendant

with bank robbery in violation of 18 U.S.C.§ 2113(a). 

2. On July 5, 2012, defendant had an initial interview with the United States Pretrial

Services Office (“PTSO”). During that interview, defendant admitted to using cocaine once or twice

per week, and to using heroin once a month.

3. On July 6, 2012 Magistrate Judge Kim issued an order allowing the defendant to

remain on pretrial release subject to numerous strict conditions, including, among other conditions,

that defendant (a) not commit another violation of federal or State law, (b) refrain from the use or

unlawful possession of a narcotic drug unless prescribed by a medical practitioner, (c) submit to any

drug testing required by the PTSO and (d) participate in a program of inpatient or outpatient

substance abuse therapy and counseling if advised to do so by the PTSO. Additionally, defendant 

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was placed on home detention and is currently residing at his mother’s residence, where a daycare

is also located.

4. On July 8, 2012, defendant was released from jail. On July 9, 2012, defendant

submitted a urine sample to the PTSO that was positive for cocaine and opiates. Defendant admitted

to the PTSO that he used cocaine after his release from jail. 

5. On July 12, 2012, PTSO Officer Morrison Page filed a Pretrial Services Violation

Report, recommending that the defendant appear in court to show cause why his bond should not

be revoked.

6. Defendant’s cocaine and opiates use violates the explicit prohibitions against drug

possession and use set forth in his release order, and any amount of cocaine use constitutes a felony

violation of State law prohibiting the unlawful possession of drugs. See 720 ILCS § 570/402(c)

(defining the possession of any amount of cocaine as a Class 4 felony) and 730 ILCS § 5/5-4.5/45

(providing that a Class 4 felony may be punished by up to three years’ imprisonment). Defendant

violated his conditions of release mere hours after being released from jail.

7. In addition to establishing that using cocaine is a higher priority for the defendant

 than compliance with the Court’s release order, the defendant’s cocaine use demonstrates that her

continued release poses a serious risk of harm to himself and others. Defendant currently is on home

confinement in a home that also contains a daycare, and his use of drugs means that drugs could be

in the home where children could have access to the drugs. Additionally, Defendant could interact

with the children while impaired and possibly injure them. Defendant also has two prior convictions

for distribution of drugs, and the violence associated with the sale of drugs could also harm the

children in the daycare center, who are innocent bystanders. 

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8. Pursuant to 18 U.S.C. § 3148(b), a presumption in favor of detention arises because

defendant’s conduct in violation of his pretrial release conditions constitutes a felony under State

law. Revocation is appropriate because there are simply no conditions of release that “will assure

. . . that [defendant does not] pose a danger to the safety . . . of the community,” and, alternatively, 

because defendant is unlikely to abide by the conditions of his release order. See 18 U.S.C.

§ 3148(b)(2)(A) & (B).

9. Additionally, another factor in favor of detention has come to the attention of the

government after the detention hearing. Defendant has two prior drug distribution convictions in

the State of Illinois. The government has determined that based on the two prior distribution

convictions, defendant is a career offender under U.S.S.G. § 4B1.1, and his Guidelines range is 210 -

262 months’ imprisonment. Because defendant is facing very significant jail time, he is even less

likely to abide by the conditions of release and poses a greater risk of failing to appear in court as

required. 

10. Accordingly, the Court’s order allowing defendant to remain on pretrial release

should be revoked.

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WHEREFORE, pursuant to 18 U.S.C. § 3148(b), the government respectfully requests that

this motion be GRANTED, that the order allowing defendant to remain on pretrial release be

revoked, and that this Court order defendant to be detained for the remainder of these proceedings.

Respectfully submitted,

GARY S. SHAPIRO

Acting United States Attorney

Submitted: July 13, 2012 By: /s Michelle M. Petersen 

MICHELLE M. PETERSEN

Special Assistant United States Attorney

219 South Dearborn Street, 5th Floor

Chicago, Illinois 60604-3590

Phone: (312) 353-5305

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