UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

United States of America

v. Criminal No. 08-cr-010-01-JD

Alan G. Garceau

O R D E R

On April 29, 2011, defendant appeared for a Aprobable cause@

hearing under Fed. R. Crim. P. 32.1 on new and additional 

violations of conditions of supervision. Defendant stipulated 

to probable cause on the second superseding petition.

1 I 

therefore find probable cause that defendant has violated the 

conditions as charged in the second superseding 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 he will not flee and that he poses no danger to 

any other person or to the community. Based on the details 

contained in Officer Karin T. Kinnan's affidavit dated April 26, 

 

1 The court was concerned about defendant's ability to 

understand the proceedings, as defendant expressed confusion 

when the court queried him about his waiver of his right to a 

preliminary hearing. Defense counsel agreed that defendant has 

"some issues" but asserted that he considered the defendant 

competent for purposes of the proceeding. In view of counsel's

vast experience as a criminal defense lawyer and his history and 

familiarity with this particular defendant, the court defers to 

his judgment on this question.

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2011, and the proffers of counsel presented at today's hearing, 

the court finds that defendant has failed to meet his burden of 

persuading the court that he poses no danger to any other person

or to the community. 

Defendant has a persistent history of failing to abide by 

orders of the court, and his probation officer, with respect to 

abstaining from the consumption of alcohol. At a bail hearing 

on March 1, 2011, defendant argued that his alcohol consumption 

was due to his confusion about whether the court had actually 

ordered a "no alcohol consumption" condition as part of his 

probation. Although the government thought detention the better 

course, it agreed to defendant's release, only if defendant was 

released on a "strict leash" and with a "zero tolerance" 

approach to any future violation. The court explained to 

defendant that the decision to release him was a "very close 

call." Ultimately, at that hearing, the court released 

defendant on strict conditions, and with his clear understanding 

that he could not consume "any" alcohol, and must abide by all 

other conditions of his release. 

At today's hearing, defendant's counsel described defendant 

as having an "unshakeable belief" that he can consume alcohol. 

The court's decision today to detain defendant is not a close 

call. The court finds that defendant did not meet his burden to 

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show by clear and convincing evidence that his release, even on 

strict conditions, would pose no danger to any other person or 

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: April 29, 2011

cc: Bjorn Lange, Esq.

Clyde R.W. Garrigan, Esq.

U.S. Marshal

U.S. Probation

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