United States of America v. Galloway

Filing 24

ORDER adopting the 22 report and recommendation of the magistrate judge; granting plaintiff's 19 motion for conditional release. Defendant shall be conditionally released pursuant to 18 U.S.C. § 4246(e). Signed on 10/18/2019 by District Judge M. Douglas Harpool. (Levin, Benjamin) Signed on 11/20/2019 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.
DONTAE GALLOWAY,
Defendant.

Case No. 6:17-CV-03401-MDH

ORDER
Before the Court is the Government’s Motion for Conditional Release. (Doc. 19). 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 November 19, 2019, and submitted a report and recommendation to the
undersigned. (Doc. 22). Defendant has agreed to waive the statutory 14 day waiting period in
which to file exceptions. Id. 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 finds by a preponderance of
evidence that Defendant has recovered from his mental disease or defect to such an extent that his
conditional release under a prescribed regimen of medical, psychiatric, or psychological care or
treatment would no longer create a substantial risk of bodily injury to another person or serious
damage to property of another, and in accordance with such it is hereby ORDERED that the report
and recommendation (Doc. 22) of the United States Magistrate Judge is ADOPTED and that the
government’s Motion for Conditional Release (Doc. 19) is GRANTED.

1

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:
1. That he reside at 705 SW Ranch Oak Blvd., Lawton, OK 73501. 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. That he be supervised by U.S. Probation and follow all instructions given by the
supervising Probation Officer.
3. That he actively participates in, and cooperate with, a regimen of mental health care
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. That he continue to take such medication, including injectable units, as shall be
prescribed for him by the medical provider.
5. That he waive his rights to confidentiality regarding his mental health treatment in
order to allow sharing of information with the supervising U.S. Probation Officer and
other mental health treatment providers, who will assist in evaluating his ongoing
appropriateness for community placement.
6. That he 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.
2

7. That he 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. Annual reports will be written by the U.S. Probation Office regarding the status of Mr.
Galloway' conditional release. The report should be submitted to the Legal Department
at USMCFP Springfield, Missouri, for filing with the court.
IT IS SO ORDERED.

DATED: November 20, 2019
/s/ Douglas Harpool______________
DOUGLAS HARPOOL
UNITED STATES DISTRICT JUDGE

3