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United States v. Johnson

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

March 28, 2019

UNITED STATES OF AMERICA,
v.
EVAN RAINS JOHNSON, Defendant.

          ORDER

          W. Carleton Metcalf, United States Magistrate Judge

         This matter came before the Court on March 25, 2019 for a hearing on the Government's motion for pre-trial detention and Defendant's Motion for Detention Hearing and Motion for the Court to Set Conditions of Pre-Trial Release (“Motion to Set Conditions”) (Doc. 15). In brief, Defendant seeks to be released to a treatment program in Minnesota, and the Government objects.

         At the conclusion of the hearing, the Court took the matter under advisement. Having carefully considered the record, the arguments of counsel, and applicable authority, the Court now enters the following Order.

         I. Procedural History

         Defendant was originally charged by way of a criminal complaint filed on February 8, 2019 (Doc. 1). During an initial appearance held that day, the Government moved for detention. A detention hearing and a preliminary hearing were scheduled for February 15, 2019 but were continued to February 22, 2019 upon Defendant's motion (Doc. 7).

         In a five-count bill of indictment filed on February 19, 2019, Defendant was charged with violations of 18 U.S.C. § 2252A(a)(2)(A), 18 U.S.C. § 2251(d), and 18 U.S.C. § 2. (Doc. 8).

         Defendant's arraignment and a detention hearing were continued from February 22, 2019 on motion of Defendant.

         On February 27, 2019, Defendant was arraigned and entered a plea of not guilty. The Government again moved for pre-trial detention to which Defendant consented, though preserving his right to request a detention hearing in the future.

         Defendant filed the instant Motion to Set Conditions on March 8, 2019.

         II. Summary of Evidence Presented

          Special Assistant United States Attorney Alexis Solheim appeared at the hearing on behalf of the Government. Defense counsel Al Messer appeared with Defendant.

         A. Evidence by the Government

         The Government called Special Agent Jason Conboy, who testified regarding his background in law enforcement as well as his involvement in the investigation and arrest of Defendant. Special Agent Conboy testified that Defendant was arrested after distributing child pornography and attempting to arrange, through Internet contacts, a meeting with a minor, through the minor's relative, for the purpose of engaging in sexual contact with the minor. Special Agent Conboy indicated that during the investigation Defendant had referenced communications with a separate minor in California. On cross-examination, Special Agent Conboy acknowledged that Defendant had no criminal history and had not resisted arrest.

         The Government also submitted the Pretrial Services Report, which ...


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