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United States v. Mohammad

United States District Court, N.D. Ohio, Western Division

May 31, 2017

UNITED STATES OF AMERICA Plaintiff;
v.
YAHYA FAROOQ MOHAMMAD, Defendants.

          OPINION AND ORDER

          EDMUND A. SARGUS, JR. CHEF UNITED STATES DISTRICT JUDGE.

         Defendant Ibrahim Zubair Mohammad ("Ibrahim") has filed a Renewed Motion for Release from Custody [ECF No. 215]. For the following reasons, that Motion is DENIED.

         I.

         Ibrahim 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].)

         Following 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].)

         Currently 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 custodians.
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 77498.

(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, 15-16.)

         II.

         A. Reopening Ibrahim's Detention Hearing

         A 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, ...


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