United States District Court, D. Kansas
MEMORANDUM AND ORDER
W. BROOMES, UNITED STATES DISTRICT JUDGE.
case comes before the court on Defendant's motion to
review the magistrate's order of detention and release
Defendant on bond. (Doc. 14.) The court held an evidentiary
hearing on August 27, 2019. Defendant's motion is DENIED
for the reasons stated herein.
16, 2019, Defendant was indicted pursuant to 18 U.S.C. §
922(g)(1). The indictment contains one count of felon in
possession of a firearm. On July 22, a detention hearing was
held before Magistrate Judge Gale, who granted the
Government's motion for detention. (Doc. 10.)
August 20, Defendant moved for review of the detention order.
This court held an evidentiary hearing on August 27.
Defendant offered evidence by proffer and the government
offered the testimony of Wichita Police Department Detective
Darren Hicks. Defendant declined to testify but he made a
statement to the court.
to 18 U.S.C. § 3145(b), Defendant may seek review of a
magistrate judge's order of detention. The district
court's review of a magistrate judge's detention
order 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” or “incorporate
the record of the proceedings conducted by the magistrate
judge including the exhibits admitted.” United
States v. Burks, 141 F.Supp.2d 1283, 1285 (D. Kan. 2001)
(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)(2)(B). The court may allow the parties to present
information by proffer or it may insist on direct testimony.
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
(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
(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 an offense under Federal, State, or local law; and
(4) the nature and seriousness of the danger to any person or
the community that would be posed by the ...