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United States v. Yamada

United States District Court, E.D. Washington

November 7, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
JOEY ALAN YAMADA, Defendant.

          ORDER FOLLOWING DETENTION REVIEW HEARING, MOTION GRANTED (ECF, 42)

          JOHN T. RODGERS UNITED STATES MAGISTRATE JUDGE

         At 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.

         Defendant 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).

         The 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 counsel.

         The 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 Defendant.

         Defendant 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.

         The 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.

         Therefore, 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 in address and telephone number.

         (3) Defendant shall appear at all proceedings as required and shall surrender for service of any sentence imposed as directed.

         (4) Defendant shall sign and complete A.O. Form 199C before being released and shall reside at the address furnished.

         (5) Defendant shall not possess a firearm, destructive device or ...


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