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UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

United States

v. Criminal No. 06-cr-085-03-PB

Dedra Scott

O R D E R

On October 14, 2010, defendant appeared for a Aprobable 

cause@ hearing under Fed. R. Crim. P. 32.1 on seven alleged 

violations of conditions of supervision. Defendant stipulated 

to probable cause on the violations. I therefore find probable 

cause that defendant has violated the conditions as charged in 

the petition. 

Defendant sought bail conditions under Rule 32.1(a)(6). The 

government sought detention. Under Rule 32.1(a)(6), defendant 

bears the burden of establishing by clear and convincing 

evidence that she will not flee and that she poses no danger to 

any other person or to the community. The parties agreed to 

proceed by offers of proof. In rebuttal, however, the 

government put on the testimony of Probation Officer Kristin 

Cook. Based on the evidence presented at today's hearing, and 

for the reasons stated on the record, defendant has failed to 

meet her burden of persuading the court that she poses no danger 

to herself or to the community. 

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The court stated on the record its reasons for detaining 

defendant. Those reasons are summarized below:

Defendant has been arrested on two separate occasions 

within a one-month time frame. 

Defendant has failed to report to her probation officer 

on numerous occasions, despite her conditions of 

supervised release as well as specific oral orders to do 

so.

Defendant has been deceitful to her probation officer, 

despite the extensive efforts her probation officer has 

made to get defendant the substance abuse treatment 

defendant needs.

Defendant's arrest on September 10, 2010, for possession 

of a hypodermic needle, was under circumstances strongly 

suggestive that defendant continues to abuse her drug of 

choice: heroin. 

On or about October 14, 2010, defendant asked a 

prospective roommate (Michelle Young) to lie to Officer 

Cook so that defendant could propose Ms. Young's address 

as defendant's place of residence while on bail.

Defendant's conduct reveals that she is not amenable to 

supervision and is a danger to herself and the community.

The court finds that there are no conditions or combination 

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of conditions that are likely to assure the safety of the 

defendant and the community. Accordingly, it is ORDERED that 

the defendant be detained pending a final revocation hearing. 

The defendant is committed to the custody of the Attorney 

General or his designated representative for confinement in a 

corrections facility separate, to the extent practicable, from 

persons awaiting or serving sentences or being held in custody 

pending appeal. The defendant shall be afforded a reasonable 

opportunity for private consultation with defense counsel. On 

order of a court of the United States or on 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 the purpose of an appearance in connection 

with a court proceeding. 

SO ORDERED.

 

Landya B. McCafferty

United States Magistrate Judge

Date: October 15, 2010

 

cc: Daniel Lustenberger, Esq.

U.S. Attorney

U.S. Marshal

U.S. Probation

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