USA v. Little

Filing 72

ORDER adopting the 72 report and recommendation of the magistrate judge; granting plaintiff's 67 motion for conditional release. Defendant shall be conditionally released pursuant to 18 U.S.C. § 4246(e). Signed on 8/29/2019 by District Judge M. Douglas Harpool. (Levin, Benjamin)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
SOUTHERN DIVISION

UNITED STATES OF AMERICA,
Plaintiff,
vs.
GAVIN LITTLE,
Defendant.

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Case No. 6:15-CV-03141-MDH

ORDER
Before the Court is the Government’s Motion for Conditional Release. (Doc. 67). Pursuant
to the governing law and in accordance with Local Rule 72.1 of the United States District Court
for the Western District of Missouri, the government’s motion was referred to the United States
Magistrate Judge for preliminary review under 28 U.S.C. § 636(b).
The Magistrate Judge conducted a hearing on August 20, 2019, and submitted a report and
recommendation to the undersigned. (Doc. 72). Parties have agreed to waive the statutory 14 day
waiting period in which to file exceptions. Therefore, the matter is ripe for review. After a review
of the record before the Court, the Court agrees with the report and recommendation issued by the
United States Magistrate Judge, and in accordance with such:
It is hereby ORDERED that the report and recommendation (Doc. 71) of the United States
Magistrate Judge is ADOPTED and that the government’s Motion for Conditional Release (Doc.
67) is GRANTED.
It is further ORDERED that Defendant be, and is hereby, conditionally released pursuant to
Title 18 U.S.C. § 4246(e) under the following conditions as recommended by M.D. Smith,
Warden, and David Costello, LCSW, Defendant’s social worker (Doc. 67-2):

1. Defendant shall reside at the residence of Patty Christiansen located at 415 Strife! Rd., Ft.
Totten, ND 58335. He shall remain at said residence at the direction of the U.S. Probation
Officer. Any change from this residence shall be approved by the U.S. Probation Office
in advance.
2. Defendant shall be supervised by U.S. Probation and follow all instructions given by the
supervising Probation Officer.
3. Defendant shall actively participate in, and cooperate with, a regimen of mental health
care, drug and alcohol treatment, and psychiatric aftercare as directed by the U.S.
Probation Officer and administered by the treating mental health provider. This is to
include his voluntary admission to an inpatient facility for stabilization should it be
deemed necessary. He shall follow all the rules, regulations and instructions of the
treatment staff and comply with the treatment regimen recommended.
4. Defendant shall continue to take such medication, including injectable units, as shall be
prescribed for him by the medical provider.
5. Defendant shall waive his rights to confidentiality regarding his chemical dependency,
mental health and sex offender treatment/counseling in order to allow sharing of
information with the supervising U.S. Probation Officer and treatment providers, who
will assist in evaluating his ongoing appropriateness for community placement.
6. Defendant shall refrain from the use of alcohol and illegal drug usage, as well as the
abuse of over-the counter medications, and submit to random urinalysis testing as
warranted by treating mental health staff and/or the probation officer. This also includes
participating in substance abuse treatment as deemed necessary.
7. Defendant shall not have in his possession at any time actual or imitation firearms or
other deadly weapons and he may not write, say or communicate threats. He shall submit
to a warrantless search on request of his U.S. Probation Officer or any law enforcement
officer of his person or property for the purpose of determining compliance with this
provision and shall permit confiscation of any such contraband.
8. Defendant, at the discretion of his supervising probation officer, may be directed to
participate in the location monitoring program and abide by all requirements of the
program. The location monitoring program will include electronic monitoring, which
may comprise a component of global positioning (GPS). Defendant must review and sign
a location monitoring program agreement provided by the probation office and follow the
procedures specified by the probation officer. At the discretion of the supervising
probation officer, Defendant may be directed to pay a portion or all costs associated with
the use of electronic monitoring.
9. Defendant’s employment shall be screened by the U.S. Probation officer and in
consultation with the treatment provider. Defendant’s employers will be notified of his
relevant risk factors as determined by the U.S. Probation officer.
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10. Annual reports will be written by the U.S. Probation Office regarding the status of
Defendant’s conditional release. The report shall be submitted to the Legal Department at
USMCFP Springfield, Missouri, for filing with the court.

IT IS SO ORDERED.

DATED:

August 29, 2019
/s/ Douglas Harpool______________
DOUGLAS HARPOOL
UNITED STATES DISTRICT JUDGE

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