United States District Court, W.D. North Carolina, Asheville Division
Carleton Metcalf United States Magistrate Judge
matter is before the Court on cross motions regarding the
pre-sentence detention of Defendant.
5, 2018, Defendant and two (2) other individuals were charged
in a nine-count Bill of Indictment (Doc. 4).
December 14, 2018, Defendant made an initial appearance. The
Government moved for detention at that time.
a detention hearing on December 21, 2018, the Government
withdrew its motion for detention and Defendant was released
on certain conditions. (Doc. 32).
February 15, 2019, a plea agreement (Doc. 43) was filed
through which Defendant sought to enter a plea of guilty as
to Count One, which charged Defendant with an “attempt
to obstruct, delay, and affect commerce…by
robbery…in that he did unlawfully attempt to take
marijuana from the person and presence of an
individual…against his will and by means of actual and
threatened force, violence, and fear of injury” in
violation of 18 U.S.C. § 1951. (Doc. 4).
February 20, 2019, Defendant filed a Motion to Continue
Appearance Bond along with a supporting memorandum (Docs. 46,
47). Though not ripe at the time, the Motion was filed
proactively in the event Defendant's plea was accepted.
February 22, 2019, the undersigned conducted a Rule 11
colloquy and accepted Defendant's plea. The Government
then moved for Defendant's detention pending sentencing
and Defendant requested that the Court release him as argued
in his Motion (Doc. 46). The Court conducted a hearing on the
motions, took the matter under advisement, and directed that
Defendant be detained pending the issuance of a ruling. This
Order now follows.
determinations for defendants awaiting sentencing are
governed by 18 U.S.C. § 3143. As stated in 18 U.S.C.
§ 3143(a)(2), defendants who have been found guilty of
those offenses described by 18 U.S.C. § 3142(f)(1)(A),
(B) or (C) must be detained, unless statutory exceptions
apply. Cases that are not governed by 18 U.S.C. §
3143(a)(2) are considered under 18 U.S.C. § 3143(a)(1).
offenses referenced by 18 U.S.C. § 3142(f)(1)(A) are
crimes of violence, violations of section 1591, and offenses
listed in section 2332b(g)(5)(B) for which a maximum term of
imprisonment of 10 years or more is prescribed.
“crime of violence, ” as that term is used in the
Bail Reform Act of 1984, 18 U.S.C. § 3141 et seq., is
(A) an offense that has as an element of the offense the use,
attempted use, or threatened use of physical force against