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United States v. Robb

United States District Court, Sixth Circuit

September 24, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
RIAN R. ROBB, Defendant.

MEMORANDUM OPINION AND ORDER

PETER C. ECONOMUS, District Judge.

This matter is before the Court for consideration of the Government's Motion for Review and Revocation of Release Order, filed pursuant to 18 U.S.C. § 3145(a), in which the Government requests that Defendant Rian Robb be detained without bond pursuant to 18 U.S.C. § 3142(e). (Dkt. 22.) For the reasons that follow, the Court DENIES the Government's motion.

I. Background

This case arose out of a March 31, 2012 traffic stop in Reynoldsburg, Ohio for suspected operation a vehicle under the influence of alcohol or drugs. According to the Government, Defendant fled the Reynoldsburg police, and while fleeing, threw down a Glock, 9mm handgun that he had been carrying in his waistband. Defendant was later apprehended, the firearm was located, and DNA material on the firearm was later matched to Defendant. Defendant was in possession of a small amount of marijuana, and officers discovered a bag containing a black ski mask and black gloves inside Defendant's vehicle. Reynoldsburg Police also discovered that Robb was under investigation by a state, local, and federal Task Force investigating narcotics distribution in and around Muskingum County, Ohio. (Dkts. 22, 24; Tr. 9-11.)

On August 20, 2013, an indictment was filed charging Defendant with unlawful possession of a firearm by a convicted felon. On September 12, 2013, Magistrate Judge Terence P. Kemp conducted a detention hearing and concluded that Defendant should be released on conditions pending trial, subject to a stay to permit the Government to file an appeal. (Dkt. 21.) The Government filed its appeal on September 17. (Dkt. 22.) However, the case was referred back to the Magistrate Judge to hear new evidence presented by the Government on September 20. (Dkts. 24, 26.) The Magistrate Judge held a hearing on September 23, but did not amend his release order. This matter is now back before the Court on the Government's motion. (Dkt. 22.)

II. Analysis

The Court reviews the release order of a Magistrate Judge de novo. See United States v. Brown, No. 2:08:106, 2008 WL 2098070 (S.D. Ohio May 16, 2008). Defendant is charged with unlawful possession of a firearm by a convicted felon, a charge which does not carry a presumption of detention. See 18 U.S.C. § 3142(e)(2). In such cases, detention is appropriate if "clear and convincing evidence" shows that "no condition or combination of conditions will reasonably assure the safety of any other person and the community, " or if a preponderance of the evidence shows that Defendant is a serious risk of flight. U.S.C. § 3142(e)(1) and (f); United States v. Kirk, 992 F.2d 1218 (6th Cir. 1993).

"[I]n determining whether there are conditions of release that will reasonably assure the appearance of the person as required and the safety of any other person and the community, " the Court must consider the following factors:

(1) the nature and circumstances of the offense charged, including whether the offense... involves... a controlled substance, firearm, explosive, or destructive device;
(2) the weight of the evidence against the person [as to dangerousness, not as to guilt];
(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 ...

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