United States District Court, W.D. North Carolina, Asheville Division
Carleton Metcalf, United States Magistrate Judge
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.
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.
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).
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).
arraignment and a detention hearing were continued from
February 22, 2019 on motion of Defendant.
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.
filed the instant Motion to Set Conditions on March 8, 2019.
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.
Evidence by the Government
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.
Government also submitted the Pretrial Services Report, which