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United States v. Boyd

United States District Court, W.D. North Carolina, Asheville Division

September 19, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
TRAVIS LAMONT BOYD, Defendant.

          ORDER

          MARTIN REIDINGER UNITED STATES DISTRICT JUDGE.

         THIS MATTER is before the Court upon the Defendant's Motion for Review and Revocation of Detention Order and Memorandum in Support of Defendant's Pre-Trial Release [Doc. 9].

         I. PROCEDURAL BACKGROUND

         On August 16, 2017, the Defendant was charged in a Bill of Indictment with four counts of destroying and injuring conveyances within the Pisgah National Forest on May 19, 2017, in violation of 18 U.S.C. § 1363, and four counts of stealing personal property from such conveyances, in violation of 18 U.S.C. § 661. [Doc. 1]. The Defendant's initial appearance was held before the Honorable Dennis L. Howell, United States Magistrate Judge, on August 30, 2017, at which time the Government requested detention.

         A detention hearing was held on September 5, 2017. At the hearing, the Government proffered for the Court's consideration the Pretrial Services report, which outlines the Defendant's criminal history. The Government also presented the testimony of Jody Bandy, a law enforcement officer with the United States Forest Service, who testified regarding the vehicle break-ins reported in the Pisgah National Forest on May 19, 2017 and the circumstances under which the Defendant was arrested. The Defendant offered no evidence, but his counsel indicated in closing arguments that the Defendant's wife, to whom he has been married for fifteen years, offered to serve as a third party custodian for the Defendant. Upon conclusion of the hearing, Judge Howell ordered the Defendant to be detained. A Detention Order was entered on September 6, 2017 [Doc. 6].

         On September 14, 2017, defense counsel filed the present motion, seeking review and revocation of the detention order. [Doc. 9].

         II. STANDARD OF REVIEW

         Title 18 of the United States Code, section 3145, governs the review and appeal of detention orders. This statute provides, in pertinent part, as follows:

If a person is ordered detained by a magistrate judge, ... the person may file, with the court having original jurisdiction over the offense, a motion for revocation or amendment of the order. The motion shall be determined promptly.

18 U.S.C. § 3145(b). In reviewing a motion to revoke or amend an order of detention, the Court reviews the Magistrate Judge's Order de novo. United States v. Stewart, 19 F. App'x 46, 48 (4th Cir. 2001). The Court “must make an independent determination of the proper pretrial detention or conditions of release.” Id.

         III. ANALYSIS

         Section 3142 of Title 18 of the United States Code provides that if, after holding a hearing, the Court 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, ” the Court shall order the detention of the person pending trial. 18 U.S.C. § 3142(e)(1).

         In determining whether detention pending trial is appropriate, the Court must consider the following factors:

(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 ...

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