UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

UNITED STATES OF AMERICA

 

v. Case No. 3:10-cr-19-TKW 

JAMES ANDREW MUSGROVE A/K/A

 RICKY, A/K/A STARCHILD

_____________________________/

ORDER OF RELEASE

Pursuant to the Bail Reform Act of 1984, 18 U.S.C. § 3141 et seq., the Court 

held a detention hearing in this matter on October 11, 2023. Appearing for the 

Government was Rebecca Garvey. Appearing for the Defendant was Jack Wilkins. 

I. Background

Defendant was sentenced on July 21, 2010 on one count of conspiracy to 

distribute 5 kg or more of a mixture of cocaine and 50 grams or more of a mixture 

of cocaine base and one count of possession with intent to distribute 50 grams or 

more of a mixture containing cocaine base to 240 months’ incarceration followed by 

five (5) years of supervised release. Defendant’s supervised release began on June 

29, 2022. On August 30, 2023, a summons was issued for Defendant and revocation 

proceedings initiated based on a petition by the US Probation Office (“USPO”) 

notifying the Court Defendant had tested positive for controlled substances (cocaine 

and marijuana) on three (3) occasions and for two instances of lying to USPO about 

his drug use.

Defendant appeared before Judge Bolitho on his initial appearance on the 

revocation proceedings September 13, 2023. Defendant tested positive for 

controlled substances on that date. Nonetheless, the Government did not move for 

detention at that time and Defendant was released under the existing terms and 

conditions of his supervised release. 

On October 6, 2023, pretrial revocation proceedings were initiated after 

Defendant tested positive, once again, for cocaine on September 21, 2023. 

Defendant refused to answer whether he had used, but Alere testing confirmed the 

Case 3:10-cr-00019-TKW Document 171 Filed 10/11/23 Page 1 of 3
Case No. 3:10-cr-19/TKW

Page 2 of 3

presumptive positive test. Defendant appeared before the Court on October 10, 

2023, for his initial appearance on those pretrial revocation proceedings and a 

detention hearing was held the following morning. Defendant also tested positive 

for methamphetamines on October 10, 2023, but denied use. As of this date, the lab 

results for that test have not been received by USPO.

The Government has moved for revocation of the release conditions and for 

detention pursuant to 18 U.S.C. § 3148(b).

II. Analysis

Under 18 U.S.C. § 3148(b), revocation and detention are mandated if the 

Court finds there is (1)(A) probable cause to believe the Defendant has committed a 

Federal, State, or local crime while on release; or (1)(B) clear and convincing 

evidence that the person violated any other condition of release; and (2)(A) there 

are no conditions or combination of conditions of release, considering the factors set 

forth in section 3142(g), that will ensure the Defendant will not flee or pose a danger 

to the safety of any other person or the community; or (B) the person is unlikely to 

abide by any condition or combination of conditions of release. 

The undersigned finds clear and convincing evidence that Defendant has 

violated the conditions of his release by using controlled substances on at least 6 

occasions. See Govt’s Exh. 1-7 (admitted over hearsay objection).

As to the second part of section 3148(b), the Court finds the Government has 

not shown by a preponderance of the evidence Defendant will be a risk of 

nonappearance. Namely, Defendant voluntarily surrendered to the United States 

Marshal Service after being advised of a warrant for his arrest by USPO Mitchell. 

Additionally, Defendant has not left this district since being on supervised release, 

has limited physical mobility, and has lived in this District most of his adult life. 

Also, while a very close call, the Court finds the Government has not shown 

by a preponderance of the evidence that Defendant is unlikely to abide by the 

conditions of his release. Despite the 6 positive drug tests, the Court notes that 

Defendant has been compliant with treatment, and is still undergoing substance 

abuse treatment. The Court also notes that Defendant has tested negative 8 times, 

and the only time he failed to report to USPO was on October 5, when his phone was 

stolen. 

Case 3:10-cr-00019-TKW Document 171 Filed 10/11/23 Page 2 of 3
Case No. 3:10-cr-19/TKW

Page 3 of 3

Accordingly, IT IS ORDERED that the United States Marshal Service shall 

release Defendant and Defendant’s release shall be governed by the existing 

conditions of his supervised release:

Entered on October 11, 2023

 s/ Hope Thai Cannon HOPE THAI CANNON 

 UNITED STATES MAGISTRATE JUDGE

Case 3:10-cr-00019-TKW Document 171 Filed 10/11/23 Page 3 of 3