United States District Court, N.D. Ohio, Western Division
OPINION AND ORDER
A. SARGUS, JR. CHEF UNITED STATES DISTRICT JUDGE.
Ibrahim Zubair Mohammad ("Ibrahim") has filed a
Renewed Motion for Release from Custody [ECF No. 215]. For
the following reasons, that Motion is
was indicted on September 30, 2015, along with his
co-Defendants Yahya Farooq Mohammad, Asif Ahmed Salim, and
Sultane Roome Salim, and charged with (Count 1) conspiracy to
provide and conceal material support to terrorists, in
violation of 18 U.S.C. § 2339A; (Count 2) providing
material support to terrorists, in violation of 18 U.S.C.
§ 2339A; (Count 3) conspiracy to commit bank fraud, in
violation of 18 U.S.C. § 1349 (brought against Farooq
and Ibrahim only); and (Count 4) conspiracy to obstruct
justice, in violation of 18 U.S.C. l5l2(k). (Indictment at
12-72 [ECF No. 1].)
his arrest on November 5, 2015, Ibrahim was arraigned before
Magistrate Judge James Knepp. The Government moved for
detention; Ibrahim, in turn, waived his right to a detention
hearing but reserved the right to request a hearing at a
later date. (Dec. 1, 2015 Order of Detention at 1 [ECF No.
20].) On February 15, 2016, Ibrahim moved for pretrial
release from custody. (Mot. for Release at 1 [ECF No. 46].)
The Court held a hearing on March 1, 2016, and, two days
later, issued an Order of Detention denying Ibrahim's
request for pretrial release. (Mar. 3, 2016 Order of
Detention at 2, 6 [ECF No. 59].)
before the Court is Ibrahim's March 13, 2017 Renewed
Motion for Release from Custody. Ibrahim brings his Renewed
Motion because the circumstances surrounding his detention
have purportedly changed since his prior detention hearing.
(Renewed Mot. for Release at 3 [ECF No. 215].) Ibrahim
proposes four conditions for his requested pretrial release,
which allegedly assure his appearance at all proceedings and
the safety of the public:
1. Mr. Mohammad will reside with his wife, their four
children ages 3-9, and his father-in-law, at an address
within the Northern District of Ohio, Western Division. Mr.
Mohammad's wife and father-in-law will serve as
2. Mr. Mohammad will seek employment.
3. Mr. Mohammad will be subject to home confinement,
electronic location monitoring, curfew, and other standard
restrictions required by 18 U.S.C. § 3142(c), including
surrendering his passport and the passports of his wife,
children, and father-in-law.
4. Mr. Mohammad will execute a $250, 020.00 appearance bond,
secured by $150, 020.00 cash deposit with the Clerk of Court
and real estate located at 13830 Abbey, Sugarland, Texas
(Id. at 1-2.) These proposed conditions differ from
Ibrahim's previous proposed conditions in that he offers
to post a higher bond (an increase of roughly $20, 000) and
that the bond is secured by cash and property in Texas
(rather than cash and, if required, property in the Toledo
area). (See Mot. for Release at 1-2.) In further
support of his request for pretrial release, Ibrahim argues
that his continued detention violates his Fifth Amendment
right to due process. (Renewed Mot. for Release at 3, 9-10,
Reopening Ibrahim's Detention Hearing
detention hearing may be reopened if (1) information exists
that was unknown to the defendant at the time of the hearing
and (2) the new information has a material bearing on the
issue of whether there are conditions of release that will
reasonably assure the defendant's appearance at trial and
the safety of any other person in the community. 18 U.S.C.
§ 3142(f); see United States v. Watson, 475
F.App'x 598, 600 (6th Cir. 2012). For purposes of
reopening a detention hearing, "[n]ew and material
information ... consists of something other than a
defendant's own evaluation of his character or the
strength of the case against him." United States v.
Jerdine, No. 1:08 CR 00481, ...