govinfo:USCOURTS-pawd-2_10-cr-00127-2

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IN THE UNITED STATES DISTRICT COURT 
 FOR THE WESTERN DISTRICT OF PENNSYLVANIA 
 
 
UNITED STATES OF AMERICA ) 
) 
v. ) Criminal No. 10-127 
) 
DOMINICK TYREE HOWARD ) 
 
 
 
 MEMORANDUM ORDER 
 
 
 On May 29, 2026, at 1:30 p.m., Defendant appeared before Magistrate Judge Kelly for an 
initial appearance on two pending supervised release violation petitions. (Docket Nos. 136, 141). 
Given the serious nature of the alleged violations, this Court previously entered a no bond order, (see 
Docket No. 137 at 4), thus Defendant remained detained following his initial appearance. 
On May 29, 2026, at 3:01 p.m., Defendant filed a n Emergency Motion for Temporary 
Release Pending Hearing, (Docket No. 146), requesting his immediate, temporary release so that he 
can attend his aunt’s funeral on May 30 th and care for the children of his girlfriend, who is 
undergoing emergency brain surgery. (Id., ¶¶ 3, 13). Defendant provided no details concerning his 
aunt’s funeral such as the time or location, nor did he provide any details concerning how long it 
would be necessary for him to care for his girlfriend’s children. As set forth in Defendant’s Motion, 
the Government does not consent to the relief requested by Defendant, but it does not plan to file a 
written response to the Motion. (Id., ¶ 12). 
Defendant seeks temporary release from custod y pursuant to 18 U.S.C. § 3142(i) , ( see 
Docket No. 146, ¶ 8), which provides as follows: 
The judicial officer may . . . permit the temporary release of the person, in the 
custody of a United States m arshal or another appropriate person, to the 

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extent that the judicial officer determines such release to be necessary for 
preparation of the person’s defense or for another compelling reason. 
 
18 U.S.C. § 3142(i). Under the Federal Rules of Criminal Procedure, “[t]he provisions of 18 U.S.C. 
§§ 3142 and 3144 govern pretrial release.” Fed. R. Crim. P. 46(a). Therefore, given that Defendant 
is not a pretrial detainee, but rather has been detained pending supervised release violation 
proceedings, he is not eligible for release under § 3142(i). See United States v. Cagle, No. 3:15-CR-
36, 2020 WL 2341415, at *3 (M.D. Pa. May 11, 2020) (observing that § 3142(i) “simply does not 
apply to a defendant awaiting a supervised released violation hearing”). Rather, “Rule 32.1(a)(6) 
governs release pending a hearing on a violation of probation or supervised release.” Fed. R. Crim. 
P. 46(d). Rule 32.1(a)(6) provides that a “magistrate judge may release or detain the person under 
18 U.S.C. § 3143(a)(1) pending further proceedings.” Fed. R. Crim. P. 32.1(a)(6). Section 
3143(a)(1) in turn provides that the person “be detained, unless the judicial officer finds by clear and 
convincing evidence that the person is not likely to flee or pose a danger to the safety of any other 
person or the community if released.” 18 U.S.C. § 3143(a)(1); see also Fed. R. Crim. P. 32.1(a)(6) 
(placing burden of proof on the defendant). 
 While the Court is sympathetic to the circumstances of Defendant’s request to attend his 
aunt’s funeral service and assist his girlfriend, he is not entitled to temporary relief under § 3142(i). 
Defendant will have an opportunity at a detention hearing to be scheduled by further order of court 
to establish by clear and convincing evidence that he is not likely to flee or pose a danger to the 
safety of any other person or the community if released pending further revocation proceedings. 

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Accordingly, based on the foregoing, the Court enters the following Order: 
AND NOW, this 29 th day of May , 2026, IT IS HEREBY ORDERED that Defendant’s 
Emergency Motion for Temporary Release Pending Hearing, (Docket No. 146), is DENIED. 
 s/ W. Scott Hardy 
 W. Scott Hardy 
 United States District Judge 
 
cc/ecf: All counsel of record 
 United States Probation 

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