IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

UNITED STATES OF AMERICA :

v. : Criminal Action No. 15-00245-CG-N

CHRISTOPHER SHANNON PARKS :

Defendant. :

ORDER

For the reasons set forth below, it is ORDERED that the defendant, 

CHRISTOPHER SHANNON PARKS be released 24 hours after entry of this 

Order from the pretrial custody of the United States Marshal pursuant to the 

conditions set by the undersigned. If the Government files a request to have this 

Order reviewed by a United States District Judge within this 24-hour period, the 

defendant is to be detained until that review is resolved by the District Judge.

Defendant is charged with conspiracy to possess with intent to distribute a 

controlled substance (spice) (Count 2) and possession with intent to distribute a

controlled substance (spice) (Count 3). (Doc. 1) Defendant was arraigned by the 

undersigned on December 16, 2015 and a detention hearing was held the following 

day. (Doc. 12) Present at the hearing were defendant Christopher Shannon Parks, 

along with his counsel Dom Soto, Esq., and Assistant United States Attorney Gloria 

Bedwell. The United States moved for pretrial detention of the defendant on the 

grounds, in sum, that he poses a risk of flight and a danger to the community. (Doc. 

8) After hearing all the evidence and reviewing the pretrial services report the 

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undersigned concluded that the defendant had rebutted the presumption of 

detention and set conditions of release. (Doc. 19 ) On January 19, 2016, defendant 

entered a guilty plea to Count 2 of the Indictment before United States District 

Judge Callie V.S. Granade. (Docs. 32, 37) At that time Judge Granade adopted the 

release order set by the undersigned and allowed defendant to remain on release 

pending sentencing. Sentencing is presently set for May 18, 2016. (Doc. 37)

On February 17, 2016 a petition was filed alleging that the defendant had 

violated the terms and conditions of his pretrial release. (Doc. 43) Specifically, the 

petition alleges that defendant tested positive for marijuana use on three occasions 

(January 4, 19th and 26th, 2016), that he tested positive for use of the prescription 

drug Xanax on January 4, 2016, and that he failed to report to random drug testing 

as directed on the color code on January 21, 2016.

A hearing was held before the undersigned on February 22, 2016 to 

determine whether defendant’s conditions of release should be revoked.1 Present at 

the hearing were the defendant Christopher Shannon Parks, along with his counsel, 

Dom Soto and Assistant United States Attorney, Gloria Bedwell. AUSA Bedwell 

argues that based on these violations, the defendant’s conditions of release should 

be revoked and he should be ordered detained pending sentencing in May. 

Counsel for defendant concedes that his client violated the COR by taking a 

nonprescription drug and by failing to appear for a drug test on January 21, 2016. 

However, he maintains that the testing results are inaccurate and reflect 

 1 The matter was referred to the undersigned by District Judge Granade.

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discrepancies in the testing process. In addition, counsel notes that his client 

maintains that he has not smoked marijuana since his release. 

Defendant took the stand and testified that he did not smoke marijuana after 

December 18, 2015, but that prior to that date he was a heavy user of the drug, 

smoking 6-7 “blunts” a day. Defendant concedes that on January 4, 2016 he 

purchased one Xanax pill “off the street”. As to the missed drug test, Defendant 

testified that it slipped his mind. Defendant further testified that on January 15, 

2016 when he reported for his urine test, he was told by the probation officer that 

the urine contained too much water and could not be tested.2 At the request of the 

undersigned, pretrial services contacted the supervising officer in Mississippi who 

reported that the defendant was tested on January 15, 2016 and the test was 

negative. However, the probation officer advised that he believed the urine was 

diluted and instructed defendant to return on January 19, 2016 for testing. 

The report from Alere states, in sum: “It is my opinion that this offender 

reused marijuana prior to each of the collections listed: 1/4/16 and 1/19/16. I base 

this opinion on moderate to chronic use, the lack of significant decrease in the 

normalized level of drug present in the urine specimens collected on 1/4/16 and 

1/19/16, the length of time the donor continues to test positive after the specimen

collected on 12/18/15 (32 days) and a urine half-life of 48- 72 hours.” (Emphasis 

added)

 2 Defendant’s mother likewise testified that she was told the test was “thrown out” because the urine contained too 

much water. 

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Defendant lives and works in Mississippi and is under courtesy supervision 

from the probation office in that district. He works for the Nissan dealership 

detailing automobiles. He currently lives with his mother, Cornelia Dabney. Mrs. 

Dabney testified that she does not work and that she and defendant’s aunt have 

been taking defendant to work and to his drug screens. Mrs. Dabney further 

testified that she has started keeping a chart of defendant’s drug screens and texts 

him each day to ensure that he has complied with the conditions of his release.3 

Mrs. Dabney indicated that she would be willing to act as Third Party Custodian 

for her son. 

The petition asserts that defendant tested positive on three occasions in 

January. However, the results are subject to interpretation and defendant testified 

under oath that he has not smoked marijuana since his arrest.4 Defendant’s most 

recent drug tests (February 4, and February 16, 2016) have both yielded negative 

results. 

Defendant did admit to purchasing one Xanax pill on the street and concedes 

that he “forgot” to report for drug testing on January 21, 2016. Defendant has,

however, maintained employment with the Nissan dealership, and lives with his 

mother who is willing to be a Third Party Custodian. Based on the information 

contained in the violation memorandum (including the report from Alere Testing)

and the testimony of the witnesses at the hearing the undersigned finds that 

 3 Defendant is required to call pretrial services after 6:00 p.m. each day to retrieve his color code. 

4 The Alere Report notes that for a chronic user of marijuana based on a half-life cycle it would take 48-72 hours for 

the drug to leave the system. Although defendant’s levels were decreased, the report maintains that they did not 

decrease enough to reflect non-use.

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revocation of the conditions of release is not warranted at this time. Defendant’s 

current conditions of release can be amended to adequately address the issue of 

safety and appearance.5

DONE and ORDERED this the 23rd day of February 2016.

/s/ Katherine P. Nelson 

UNITED STATES MAGISTRATE JUDGE

 5 The amended conditions will include more frequent testing, a curfew compatible with Defendant’s work hours 

and the appointment of Cornelia Dabney, Defendant’s mother, as a Third Party Custodian.

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