Order — United States v. Tyrique Marquez Mills (Southern District of Georgia, Document 31)

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This Order in the Southern District of Georgia, Waycross Division, Case No. 5:23-cr-1, United States of America v. Tyrique Marquez Mills, addresses the United States Probation's Petition for Action on Conditions of Pretrial Release. It states that Mills was charged by indictment with Possession of a Firearm by a Prohibited Person and was released on bond on February 15, 2023, subject to conditions including home detention and location monitoring. After the March 22, 2023 Bond Revocation Hearing, the Court finds by clear and convincing evidence that Mills violated the conditions of release. Release pending trial remains REVOKED and Mills is committed to the custody of the Attorney General for confinement pending trial. The order is dated March 24, 2023, over the name of Magistrate Judge Benjamin W. Cheesbro.

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  Case 5:23-cr-00001-LGW-BWC Document 31 Filed 03/24/23 Page 1 of 3




                       IN THE UNITED STATES DISTRICT COURT
                      FOR THE SOUTHERN DISTRICT OF GEORGIA
                                WAYCROSS DIVISION

 UNITED STATES OF AMERICA,

         v.                                                 CASE NO.: 5:23-cr-1

 TYRIQUE MARQUEZ MILLS,

                 Defendant.

                                             ORDER

        This matter is before the Court on the United States Probation’s Petition for Action on

Conditions of Pretrial Release, doc. 26. For the reasons set forth below, and the reasons stated

during the March 22, 2023 Bond Revocation Hearing in this matter, Mr. Mills’ release pending

trial has been and remains REVOKED and Mr. Mills is committed to the custody of the

Attorney General or his designated representative for confinement in a corrections facility

pending trial in this case.

        Mr. Mills was charged by indictment in this matter with Possession of a Firearm by a

Prohibited Person, U.S.C. § 922(g)(1). On February 15, 2023, Mr. Mills was released on bond

pending trial, subject to certain conditions, including home detention and location monitoring.

Doc. 16. The United States Probation’s Petition for Action, doc. 26, alleges Defendant violated

the condition that he submit to detention directions with location monitoring and comply with its

requirements.

        At the Bond Violation Hearing, the Government asked the Court to revoke Mr. Mills’

release and requested that Mr. Mills be detained pending trial. Mr. Mills opposed the

Government’s request and asked that he be allowed to remain on bond pending trial. United

States Probation Officer Dixon testified at the hearing. Mr. Mills did not testify.

        As explained during the Bond Violation Hearing, the Court finds by clear and convincing

evidence that Mr. Mills violated the conditions of his release and the Court finds that he is

unlikely to abide by conditions going forward. 18 U.S.C. § 3148(b).
  Case 5:23-cr-00001-LGW-BWC Document 31 Filed 03/24/23 Page 2 of 3




       Under § 3143 and § 3148, I find that revocation of Mr. Mills’ release and his detention

pending trial is appropriate. During the Bond Violation Hearing, the Government offered

argument and evidence demonstrating that Mr. Mills clearly understood what he was required to

do under his bond conditions. Mr. Mills was aware that it was his responsibility to follow all

conditions of his bond to home detention with location monitoring as directed by his supervising

officer, and to comply with all other conditions as set out in Defendant’s Order Setting

Conditions of Release. Doc. 16.

       At the Bond Revocation Hearing, Mr. Mills offered no meaningful excuses for his

violations of the conditions of his bond.

       To be clear, it was Mr. Mills’ obligation to ensure that he complied with the condition of

his release. If there was any confusion, he needed to resolve before violating any of the pretrial

release conditions.

       In consideration of all facts and arguments, I found that Mr. Mills’ release was due to be

revoked, should remain revoked, and he should be detained pending trial in this case.

Specifically, the Government established by clear and convincing evidence that he violated the

conditions of his pretrial release and the evidence demonstrates Mr. Mills is unlikely to abide by

conditions going forward. Accordingly, Mr. Mills is committed to the custody of the Attorney

General or his designated representative for confinement in a corrections facility. Mr. Mills shall

be afforded a reasonable opportunity for private consultation with defense counsel. On order of

a court of the United States or on request of any attorney for the Government, the person in

charge of the corrections facility shall deliver Mr. Mills to the United States Marshal for the

purpose of an appearance in connection with a court proceeding.




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Case 5:23-cr-00001-LGW-BWC Document 31 Filed 03/24/23 Page 3 of 3




   SO ORDERED, this 24th day of March, 2023.




                             BENJAMIN W. CHEESBRO
                             UNITED STATES MAGISTRATE JUDGE
                             SOUTHERN DISTRICT OF GEORGIA




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