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United States v. Thompson

United States District Court, E.D. North Carolina, Southern Division

January 17, 2018

UNITED STATES OF AMERICA,
v.
FRANCIS MAURICE THOMPSON, Defendant.

          ORDER

          LOUISE W. FLANAGAN UNITED STATES DISTRICT JUDGE.

         This matter is before the court on defendant's appeal (DE 17) of the magistrate judge's pretrial detention order filed December 19, 2017. Requested review having been undertaken, for reasons given below, defendant's plea for release is denied.

         BACKGROUND

         Criminal complaint filed December 8, 2017, charges defendant with being a felon in possession of a firearm, on or about August 31, 2017, in violation of 18 U.S.C. §§ 922(g)(1) and 924. Defendant appeared before United States Magistrate Judge Robert B. Jones, Jr., for a preliminary hearing on the criminal complaint and for detention hearing on the government's motion, on December 19, 2017. Following the hearing, the magistrate judge entered an order finding probable cause for the charged offense and ordering detention pending trial. (DE 12). Indictment filed December 20, 2017, charges defendant with being a felon in possession of a firearm, on or about August 31, 2017, in violation of 18 U.S.C. §§ 922(g)(1) and 924.

         Defendant filed an “appeal” of the magistrate judge decision on detention, on January 2, 2018 (DE 17). Arraignment is set for the February 13, 2018 term of court and pretrial motions are

         COURT'S DISCUSSION

         If a person is ordered detained by a magistrate judge, the person may file with the district court a motion for revocation of the order. 21 U.S.C. § 3145(b). The district court should conduct a de novo review of the decision by the magistrate judge. United States v. Clark, 865 F.2d 1433, 1437 (4th Cir. 1989); United States v. Williams, 753 F.2d 329, 333 (4th Cir. 1985); United States v. Ramey, 602 F.Supp. 821, 822-24 (E.D. N.C. 1985).

         In doing so, the court makes an independent determination as to whether the magistrate judge's findings are correct based on the court's review of the evidence before the magistrate judge. See Williams, 753 F.2d at 333-34. The court may conduct a further evidentiary hearing if it is necessary or desirable in carrying out the review. See id., at 333; see also United States v. Koenig, 912 F.2d 1190, 1192 (9th Cir. 1990) (district court has discretion on whether to conduct a further evidentiary hearing); United States v. Delker, 757 F.2d 1390, 1393-94 (3rd Cir. 1985); United States v. Fortna, 769 F.2d 243, 249-50 (5th Cir. 1985) (same). Having completed a thorough review of the magistrate judge's detention order, as well as the report prepared by the United States Pretrial Services Office, and a complete recording of the detention hearing, the undersigned finds that no further evidentiary hearing or briefing is necessary.

         Pre-trial detention must be ordered when, after hearing, a judicial officer 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. 18 U.S.C. § 3142(e)(1). In determining whether there are conditions of release that will reasonably assure the appearance of the defendant as required and the safety of any other person and the community, the court must take into account the available information concerning -

(1) the nature and circumstances of the offense charged, including whether the offense is a crime of violence or involves a narcotic drug;
(2) the weight of the evidence against the person;
(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 ...

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