Order on Petition for Action on Conditions of Pretrial Release — United States v. Fullerton (Dkt. 211, W.D. Tex.)

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An order of U.S. Magistrate Judge Susan Hightower in United States v. Michael Fullerton, No. 1:21-cr-00216-RP, in the U.S. District Court for the Western District of Texas, signed and filed January 18, 2024 as Document 211, after a hearing that day under 18 U.S.C. § 3148 on the Pretrial Services Office's petition of January 9, 2024 (Dkt. 201). It notes that Fullerton was released on conditions on October 29, 2021 and faces eleven counts in a Third Superseding Indictment, with trial set for April 5, 2024. The petition alleges violations on January 4, 2024 of conditions barring weapons, excessive alcohol use and controlled substances. Finding that he took a gun from a safe where it was kept under the court's orders, the court grants the petition, revokes release and orders him detained.

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Case 1:21-cr-00216-RP Document 211 Filed 01/18/24 Page 1 of 3




                    IN THE UNITED STATES DISTRICT COURT
                     FOR THE WESTERN DISTRICT OF TEXAS
                               AUSTIN DIVISION

UNITED STATES OF AMERICA                           §
            Plaintiff                              §
                                                   §
v.                                                 §                  1:21-cr-00216-RP
                                                   §
MICHAEL FULLERTON                                  §
            Defendant                              §

             Order On Petition for Action on Conditions of Pretrial Release

     This matter came before the Court on January 18, 2024, for a hearing on the Pretrial Services

Office’s Petition for Action on Conditions of Release dated January 9, 2024 (the “Petition”)

(Dkt. 201). The revocation proceeding was held in accordance with the Federal Rules of

Criminal Procedure and 18 U.S.C. § 3148.

     Defendant Michael Fullerton was ordered released on conditions on October 29, 2021.

Dkt. 6. Defendant is charged in a Third Superseding Indictment with a total of eleven counts of

bank fraud, wire fraud, conspiracy to commit bank and wire fraud, conspiracy to commit money

laundering, engaging in monetary transactions in criminally derived property, and aggravated

identity theft. Dkt. 152. Trial is set for April 5, 2024. Dkt. 199.

     The Petition alleges that Defendant violated the following conditions of release on January 4,

2024, when sheriff’s deputies located him during an alleged suicide attempt:

        •   Condition 7(k): The defendant must not possess a firearm, destructive device, or other
            weapon.
        •   Condition 7(l): The defendant must not use alcohol excessively.
        •   Condition 7(m): The defendant must not use or unlawfully possess a narcotic drug
            and other controlled substances defined in 21 U.S.C. § 802, unless prescribed by a
            licensed medical practitioner.
        •   Condition 7(s): The defendant must report as soon as possible, to the pretrial services
            or supervising officer, every contact with law enforcement personnel, including
            arrests, questioning, or traffic stops.

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          Case 1:21-cr-00216-RP Document 211 Filed 01/18/24 Page 2 of 3




The Petition alleges that Defendant was found in his vehicle with a handgun and his

mother-in-law’s medication, and admitted to having “a few beers.” Dkt. 201 at 1. The Petition

also alleges that Defendant did not report his contact with law enforcement to Pretrial Services.

Id. At the revocation hearing, Defendant pled “true” to all four violations.

   The Court has considered the Pretrial Services Report, the Petition, and the evidence

presented and arguments of counsel for Defendant and the government at the revocation hearing.

Based on the uncontroverted record evidence and Defendant’s admission, pursuant to 18 U.S.C.

§ 3148(b)(1), the Court finds that there is clear and convincing evidence that Defendant has

violated conditions of his release 7(k), 7(l), 7(m), and 7(s). The Court further finds that there is

no condition or combination of conditions of release that will assure that Defendant will not pose

a danger to the safety of any other person or the community under 18 U.S.C. § 3148(b)(2)(A),

and that Defendant is unlikely to abide by any condition or combination of release under 18

U.S.C. § 3148(b)(2)(B).

   The Court’s findings are based on Defendant’s violation of several of his conditions of

release and the danger posed to the safety of others and the community by his possession of a

handgun when found by deputies. Testimony was presented at the hearing that the gun was

owned by his wife and co-defendant Tiffany Fullerton, and that Defendant took the gun from his

father-in-law’s gun safe, where it was being kept pursuant to the Court’s orders that both

defendants must not possess a firearm while on pretrial release. Defendant’s intentional action in

removing the gun from the safe supports the Court’s finding that Defendant is unlikely to abide

by any conditions of release.

   For these reasons, it is ORDERED that the Petition for Action on Conditions of Pretrial

Release (Dkt. 201) is GRANTED, Defendant’s previous release on conditions is REVOKED,

and Defendant is HEREBY DETAINED pending further proceedings in this case.


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          Case 1:21-cr-00216-RP Document 211 Filed 01/18/24 Page 3 of 3




                                Directions Regarding Detention

   Defendant is remanded 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

must 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 Defendant to the United States Marshal for the

purpose of an appearance in connection with a court proceeding.

   SIGNED January 18, 2024.


                                                    SUSAN HIGHTOWER
                                                    UNITED STATES MAGISTRATE JUDGE




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