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United States v. Alford

United States District Court, D. Kansas

March 27, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
MONTE ALFORD, Defendant.

          MEMORANDUM AND ORDER

          JOHN W. BROOMES UNITED STATES DISTRICT JUDGE

         This matter comes before the court on Defendant's motion for review of a detention order. (Doc. 12.) The court held a hearing on the motion on March 25, 2019. Defendant's motion is DENIED for the reasons stated herein.

         I. Procedural History

         Defendant was initially charged by criminal complaint. (Doc. 1.) The affidavit accompanying the complaint set forth facts alleging that Defendant was found in constructive possession of controlled substances and firearms during a search on December 18, 2018. (Doc. 1 at 3-4.)

         Judge Gale conducted a detention hearing on March 8, 2019. He issued an order the same day finding that a rebuttable presumption of detention arose under 18 U.S.C. § 3142(e)(3)(A), that Defendant had not rebutted the presumption, that the factors in § 3142(g) weighed in favor of detention, and that Defendant's release would pose a danger to the community. (Doc. 8) A ten-count indictment was filed against Defendant on March 13, 2019. (Doc. 9.) On March 29, 2019, Defendant filed the instant motion for review of the detention order. (Doc. 12.)

         At the hearing before this court on March 25, 2019, the government made a proffer of facts relating to officers' search of Defendant's residence on December 18, 2018, as well as additional facts relating to two traffic stops in which Defendant was allegedly found in constructive possession of drugs and/or firearms. The government argued that Defendant's release would pose a danger to the community. The government waived any argument that Defendant would pose a flight risk if released.

         II. Legal Standard

         If a person is ordered detained by a magistrate judge, the person may file a motion for amendment or revocation of the order. 18 U.S.C. § 3145(b). The district court's review of a magistrate judge's order of detention or release is de novo. United States v. Cisneros, 328 F.3d 610, 616 n. 1 (10th Cir. 2003). A de novo evidentiary hearing, however, is not required. The district court may either “start from scratch and take relevant evidence or incorporate the record of the proceedings conducted by the magistrate judge including the exhibits admitted.” United States v. Collier, No. 12-20021-09, 2012 WL 4463435, at *1 (D. Kan. Sept. 27, 2012) (citing United States v. Torres, 929 F.2d 291, 292 (7th Cir. 1991)). The Federal Rules of Evidence do not apply to detention hearings. See 18 U.S.C. § 3142(f). The court may allow the parties to present information by proffer or it may insist on direct testimony. See id.

         Under the Bail Reform Act of 1984, the court must order a defendant's pretrial release, with or without conditions, unless it “finds that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community.” 18 U.S.C. § 3142(e). In making this determination, the court must take into account the available information concerning:

(1) The nature and circumstances of the offense charged, including whether the offense is a crime of violence ... or involves a minor victim or a controlled substance, firearm, explosive, or destructive device;
(2) the weight of the evidence against the person;
(3) the history and characteristics of the person, including-
(A) the person's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings; and
(B) whether, at the time of the current offense or arrest, the person was on probation, on parole, or on other release pending trial, sentencing, appeal, or completion of sentence for ...

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