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United States v. Luton

United States District Court, E.D. Washington

April 15, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
BRETT A. LUTON, Defendant.

ORDER GRANTING DEFENDANT'S MOTION FOR RECONSIDERATION [X]MOTION Granted ECF No. 594; 595).

JOHN T. RODGERS, Magistrate Judge.

At the April 15, 2014, hearing on Defendant's Motion for reconsideration of his detention, ECF No. 594, Defendant was in custody and present with counsel counsel Peter S. Schweda. Assistant U.S. Attorney Jared C. Kimball represented the United States.

The Court has reviewed Defendant's Motion, the Supplemental Pretrial Services Report of April 11, 2014, as well as the initial Pretrial Services Report of March 27, 2014. Counsel for both parties presented argument, and Pretrial Services Officer Al Barrett addressed the court.

Defendant has one prior felony conviction, over twenty years ago. The parties dispute whether a weapon was involved in that offense, though RCW 9A.56.200 makes it clear that the offense may be committed without a weapon. Defendant also has a domestic violence offense from approximately fourteen years ago, and a driving offense that is approximately ten years old. The Defendant has no prior convictions for substance abuse violations.

Defendant is diagnosed with a chronic and progressive medical condition for which he is prescribed daily injections, and which counsel asserts significantly compromises his immune system and vigor.

The Defendant has also provided an address, which has been evaluated by Pretrial Services and appears to include no weapons, illegal substances or persons with criminal records or gang affiliations. Defendant proposes to reside there with the renter of the home, with whom he has a domestic relationship, and their two children. This domestic partner was present in court.

The United States argued that there is strong evidence that Defendant was active in three overlapping conspiracies to acquire and distribute three distinct prohibited drugs.

This Court has taken into account the evidence, testimony and information produced at this hearing concerning the nature and circumstances of the offense charged, the weight of the evidence against the Defendant, his history and characteristics, including character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to alcohol and drug abuse, criminal history, record concerning appearance at court proceedings, and the nature and seriousness of the danger to the community posed by Defendant's release.

The Court, having considered the proffers of Defendant and Plaintiff, and 18 USC ยง 3142, finds that conditions of released can be fashioned to reasonably assure the Defendant's future appearance, as well as the safety of the community.

Accordingly Defendant's Motion, ECF No. 594, is GRANTED. Defendant's Motion to Expedite, ECF No. 595, is GRANTED.

IT IS ORDERED that the release of the Defendant is subject to the following:

STANDARD CONDITIONS OF RELEASE

(1) Defendant shall not commit any offense in violation of federal, state or local law. Defendant shall advise the supervising Pretrial Services Officer and defense counsel within one business day of any charge, arrest, or contact with law enforcement. Defendant shall not work for the United States government or any federal or state law enforcement agency, unless Defendant first notifies the supervising Pretrial Services Officer in the captioned matter.

(2) Defendant shall immediately advise the court, defense counsel and the U.S. Attorney in writing before any change ...


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