United States District Court, E.D. Washington
ORDER FOLLOWING DETENTION REVIEW HEARING, MOTION
GRANTED (ECF, 42)
T. RODGERS UNITED STATES MAGISTRATE JUDGE
Defendant's November 6, 2017, detention review hearing,
Defendant was present, in custody, with counsel Christian
Phelps. Assistant U.S. Attorney Patrick J. Cashman appeared
for the United States. Both sides presented argument. U.S.
Probation Officer Jennifer Frieling was also present.
argues that the new information, namely a verified release
address and the resolution of the pending warrants referenced
in the first Pretrial Services report, ECF No. 31, has a
material bearing on the issue of whether or not release
conditions can be fashioned for Defendant pursuant to 18
U.S.C. § 3142(f).
Court has reviewed Defendant's motion to reconsider its
earlier detention ruling, ECF No. 42, the Supplemental
Pretrial Services Report, ECF No. 41, and the argument of
United States argued that Defendant's criminal record and
the nature of the evidence in the instant case still warrant
detention. The government also pointed out that Defendant has
made phone calls from jail, but forthrightly acknowledged
that the purpose or content of the calls was not known. The
United States also advised that co-defendant, Theresa Yamada,
had, through counsel, expressed concerns about contact with
argued that the proposed release address was legitimate and
vetted, and that the warrants referenced in the initial
Pretrial Services Report had been resolved. Defense counsel
also pointed out that, while another Spokane County warrant
had since become active and would become operative upon this
court's release order, counsel had arranged for the
warrant to be quashed upon Defendant appearance in Spokane
County Superior Court, thereby releasing Defendant to the
address indicated, under the conditions set forth below.
Court also noted that most if not all of Defendant's
prior convictions consist of traffic offenses, that Defendant
has family members in Spokane, and that he is a long-time
resident of Spokane.
IT IS ORDERED, that the release of the
Defendant is subject to the following:
CONDITIONS OF RELEASE
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.
Defendant shall immediately advise the court, defense counsel
and the U.S. Attorney in writing before any change in address
and telephone number.
Defendant shall appear at all proceedings as required and
shall surrender for service of any sentence imposed as
Defendant shall sign and complete A.O. Form 199C before being
released and shall reside at the address furnished.
Defendant shall not possess a firearm, destructive device or