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United States v. Davis

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

March 6, 2019

UNITED STATES OF AMERICA,
v.
KENDRICK TYRONE DAVIS, Defendant.

          ORDER

          W. Carleton Metcalf United States Magistrate Judge

         This matter is before the Court on cross motions regarding the pre-sentence detention of Defendant.

         I. Background

         On June 5, 2018, Defendant and two (2) other individuals were charged in a nine-count Bill of Indictment (Doc. 4).

         On December 14, 2018, Defendant made an initial appearance. The Government moved for detention at that time.

         During a detention hearing on December 21, 2018, the Government withdrew its motion for detention and Defendant was released on certain conditions. (Doc. 32).

         On 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).

         On 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.

         On 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.

         II. Discussion

         Detention 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).

         The 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.

         A “crime of violence, ” as that term is used in the Bail Reform Act of 1984, 18 U.S.C. § 3141 et seq., is defined as:

(A) an offense that has as an element of the offense the use, attempted use, or threatened use of physical force against ...

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