United States District Court, W.D. North Carolina, Asheville Division
REIDINGER UNITED STATES DISTRICT JUDGE.
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
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 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].
September 14, 2017, defense counsel filed the present motion,
seeking review and revocation of the detention order. [Doc.
STANDARD OF REVIEW
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
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.
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.
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 ...