Order — United States v. Eric Alexander McMiller (Dkt. 124, January 27, 2022)

Summary

Order in United States v. Eric Alexander McMiller, No. 1:20CR340-3, in the U.S. District Court for the Middle District of North Carolina, Document 124, filed January 27, 2022 and dated January 26, 2022. It recounts that on September 23, 2021 the defendant pleaded guilty to Counts One, Five, Ten, and Eleven of the Superseding Indictment and remained on bond, and that the Court found the defendant failed to appear as ordered and remanded the defendant to custody. After a January 25, 2022 hearing, the Court finds the defendant failed to establish by clear and convincing evidence that the defendant is not likely to flee, see 18 U.S.C. § 3143(a), and orders the conditions of pretrial release revoked and the defendant committed to the custody of the United States Marshal.

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               IN THE UNITED STATES DISTRICT COURT
            FOR THE MIDDLE DISTRICT OF NORTH CAROLINA



UNITED STATES OF AMERICA           )
                                   )
     v.                            )         1:20CR340-3
                                   )
ERIC ALEXANDER MCMILLER            )


                                 ORDER

     On January 26, 2021, Defendant Eric Alexander McMiller

appeared for an initial appearance and release hearing before

United States Magistrate Judge Heather K. McShain for the

Northern District of Illinois, Case No. 1:21cr51-1, at which

time Defendant was released pursuant to an Order Setting

Conditions of Release. (See Doc. 34; 1/27/2021, filed in the

Middle District of North Carolina, Case No. 1:20cr340 -3.) On

September 23, 2021, Defendant McMiller subsequently entered a

plea of guilty to Counts One, Five, Ten, and Eleven of the

Superseding Indictment and was allowed to remain on bond. (See

Minute Entry 9/23/2021.)

     On December 16, 2021, this court rescheduled Defendant’s

sentencing hearing to January 21, 2022 at 9:30 a.m. and notice

was served on the parties. (Doc. 111.) On January 13, 2022,

Defendant moved to continue the hearing until on or after 11:30

a.m. on January 21, 2022. (Doc. 118.) On January 20, 2022, this




      Case 1:20-cr-00340-WO Document 124 Filed 01/27/22 Page 1 of 3
court granted Defendant’s motion and reset the sentencing for

11:30 with a clear warning to Defendant. (Doc. 122 at 2 -3.)

     Notwithstanding this warning, Defendant was not present at

11:30. This court proceeded with the sentencing hearing as to

the two co-defendants. Defendant appeared around 1:00 p.m. This

court recessed the hearing as to the two co-defendants and

proceeded with a part of Defendant’s hearing.        The hearing

resumed as to all three Defendants later that day.

     At the conclusion of the hearing on January 21, 2022, this

court found that Defendant had failed to appear as ordered and

remanded Defendant to custody. This court set a hearing on

Defendant’s continuing release for January 25, 2022 at 9:30 a.m.

The Defendant and Government appeared; the Government opposed

Defendant’s release. After hearing from the parties, this court

finds Defendant failed to appear as directed by this court. For

the reasons stated in open court, this court finds Defendant

failed to establish, by clear and convincing evidence, that

Defendant is not likely to flee. See 18 U.S.C. § 3143(a).

     IT IS THEREFORE ORDERED that the present conditions of

Defendant’s pretrial release are hereby revoked and Defendant

McMiller is committed to the custody of the United States

Marshal for confinement in a corrections facility separate, to


                                 - 2 -




      Case 1:20-cr-00340-WO Document 124 Filed 01/27/22 Page 2 of 3
the extent practicable, from persons awaiting or serving

sentences or being held in custody pending appeal. Defendant

McMiller shall be afforded a reasonable opportunity for private

consultation with defense counsel.

     This the 26th day of January, 2022.




                                 _______________________________________
                                     United States District Judge




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      Case 1:20-cr-00340-WO Document 124 Filed 01/27/22 Page 3 of 3


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