Currently before the Court is the Government's Appeal of Magistrate Judge's Order (#13), filed May 6, 2013. Defendant filed a Response (#15) supporting his conditional release.
On April 23, 2013, the grand jury returned an indictment charging Marquise Gultry ("Defendant") with Felon in Possession of a Firearm by a Convicted Felon, in violation of Title18 U.S.C. § 922(g)(1) and 924(a)(2).
Defendant made his initial appearance before Magistrate Judge George W. Foley on May 3, 2013. The Government requested detention. Pretrial Services recommended detention finding that there was no condition, or combination of conditions, that could ensure the safety of the community or defendant's appearance at future court proceedings. Defendant was ordered released with conditions. The Government requested a stay of the order releasing Defendant which was granted by the Magistrate Judge. For the reasons stated herein, the Court grants the Government's Appeal of the Magistrate's Order, and orders Defendant detained pending trial.
The District Court review of a Magistrate Judge's detention order is de novo. U.S. v. Koening, 912 F.2d 1190 (9th Cir. 1990) Pursuant to 18 U.S.C. § 3142(g) the Court considers specific factors in determining whether conditions exist that will reasonably assure the appearance of a defendant and the safety of the community pending trial. Those factors in pertinent part are:
1) the nature and circumstances of the offense charged, including whether the offense is a crime of violence, a violation of section 1591, a Federal crime of terrorism, 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 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 person's release.
Here, the Government avers that Defendant is a danger to the community, that the Magistrate Judge's Order releasing Defendant pending trial should be reversed, and that Defendant should be detained pending trial. The Court agrees.
1. Nature and circumstances of ...