Shannon David Flagg is remanded to the custody of the United States Marshal Service for violating the conditions of his pretrial release.
On Nov. 12 Flagg and counsel appeared for initial hearing on the Petition for Action on Conditions of Pretrial Release that was filed on Nov. 5.
On Aug. 27, 2013, a Grand Jury sitting in the Northern District of West Virginia returned an Indictment charging the defendant and his co-defendants with various drug-related offenses. The defendant appeared for an initial appearance on Sept. 10, 2013. At that time, he was released pursuant to an Order Setting Conditions of Release. Defendant appeared for an arraignment on Sept. 13, 2014, at which time he pled “Not Guilty” to all counts. On Oct. 17, 2013, Flagg appeared and pleaded guilty to possession of pseudoephedrine to be used in the manufacture of methamphetamine. On Nov. 5, 2014 defandant’s Adult Pretrial Services Officer filed the instant Petition, alleging the following violations of defendants’s pretrial release:
1. Mandatory Condition (1): The defendant must not violate a federal, state or local law while on release.
2. Additional Condition 7(m): Defendant must not use or unlawfully possess a narcotic drug or other controlled substance, unless prescribed by a medical practitioner.
Prior to the taking of evidence, Flagg admitted and conceded that he had violated these conditions. The Government filed a motion to detain defendant pending further proceedings in this matter.
The Court finds that Flagg has pled guilty to a felony charge and is awaiting sentencing. The Court also finds that there is clear and convincing evidence the Flagg’s use of controlled substances poses a danger to the community, as the manufacturing process for making methamphetamine is highly dangerous. The Court further finds that defendant cannot meet exceptions as his conviction is unlikely to be overturned and it is not likely that defendant will not receive a term of imprisonment.
Accordingly, the Government’s motion to detain is Granted and Flagg is Remanded to the custody of the United States Marshall Service pending further proceedings in this matter.
