United States District Court, N.D. Mississippi
ORDER REVOKING BOND
M. BROWN UNITED STATES DISTRICT JUDGE
criminal action is before the Court on the petition to revoke
Sidney Avant, Jr.'s bond. Doc. #706.
August 31, 2016, Sidney Avant, Jr., was indicted on charges
for obstruction of justice and accessory after the fact
related to a drug trafficking conspiracy. Doc. #310. On
September 7, 2016, United States Magistrate Judge S. Allan
Alexander issued an Order Setting Conditions of Release
regarding Avant's pretrial release, which conditions
included a $5, 000 secured bond and Avant's compliance
with all applicable federal, state, and local
laws. Doc. #334. The order also required that
Avant “report as soon as possible, to the pretrial
services office or supervising officer, every contact with
law enforcement personnel, including arrests, questioning, or
traffic stops.” Id. at 2. Avant obtained and
signed a $5, 000 secured Appearance Bond that
21, 2017, Avant pleaded guilty to the charge of obstruction
of justice. Doc. #589. Following acceptance of his plea, the
Court permitted Avant to remain out of custody under the same
bond pending his sentencing hearing. Doc. #591.
six months later, on January 23, 2018, a petition to revoke
Avant's bond and to issue a warrant for Avant's
arrest was filed. Doc. #706. The petition alleges that Avant
was arrested on January 12, 2018, in Quitman County for
“Felony Disposal of Lien Property” and that Avant
failed to report such arrest. Id. at 1. The Court
issued an arrest warrant the same day. Doc. #707.
February 9, 2018, the Court, pursuant to notice, convened a
hearing on the petition for revocation. Doc. #722. At the
hearing, Avant, through counsel, advised he was not
contesting the violations but wished to present evidence to
rebut the presumption that there is no condition that will
ensure his appearance. In that regard, Avant called as his
only witness Summer Rowland, his probation officer.
See Doc. #723. After hearing arguments from the
parties, the Court took the petition under advisement.
unknown date, Avant purchased a truck valued at $3, 000. To
purchase the truck, Avant signed a promissory note in favor
of the vendor. Pursuant to the schedule of payments in the
note, the truck was to be paid off in May of 2017. However,
Avant failed to make any payments on the note and the truck
remained subject to the lien. At some point, Avant sold the
truck to a junk yard for $700. No. money was paid to the
holder of the promissory note.
January 12, 2018, the Quitman County Sheriff's Department
arrested Avant for “Felony Disposal of Lien
Property” based on his sale of the truck. On January
17, 2018, while Avant was still in custody, Rowland received
a call from the Quitman County Investigations Division
informing him of Avant's arrest. Also on January 17,
Avant was released from Quitman County's custody on a $5,
000 bond. Rowland “gave the defendant [a] proper amount
of time to report the contact” to him, before
petitioning this Court on January 23 for Avant's arrest.
Rowland then contacted Avant regarding the charges and Avant
surrendered himself without incident.
testified that other than the violations at issue in the
petition, Avant has complied with all conditions of release
for the approximately sixteen months that he has supervised
him. However, Rowland believes that there are no conditions
or combination of conditions of release ...