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United States v. McNabb

United States District Court, E.D. Washington

June 11, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
ROBERT JOSEPH MCNABB, Defendant.

          ORDER FOLLOWING DETENTION REVIEW HEARING AND SETTING CONDITIONS MOTION GRANTED (ECF NO. 34)

          JOHN T. RODGERS, UNITED STATES MAGISTRATE JUDGE.

         At Defendant's June 11, 2018, detention review hearing, Defendant was present, out of custody, with counsel Peter Schweda. Assistant U.S. Attorney Patrick Cashman appeared for the United States. Both sides presented argument. U.S. Probation Officer Erik Carlson was also present.

         The Court has reviewed Defendant's motion to reconsider, ECF No. 34, and the argument of counsel.

         As a threshold matter, Defendant must proffer information not previously known to Defendant or his counsel, amounting to a material change in the circumstances considered by the Court in its prior detention determination. 18 U.S.C. 3142(f).

         Defendant argues that the new information, namely his successful completion of inpatient treatment, his secured bed date at a sober living facility, and his continued efforts to access mental health treatment, 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 United States argued that the sober living facility is not an appropriate release address because it is not a locked down facility and Defendant's criminal history includes numerous failures to appear. In the event of release, the United States requested electronic location monitoring and a curfew be imposed.

         The Court finds that Defendant has met the required threshold. Defendant chose to complete inpatient treatment at a facility where he could have voluntarily left at any time. Defendant is a Spokane native with no apparent contacts elsewhere, a fact which does not make his astonishing history of failures to appear more palatable, but under these circumstances suggests that a failure to appear does not equate to flight. Further, Defendant has arranged for continued outpatient treatment to begin next week, as well as secured an appointment for mental health treatment, and taken steps to restart his Social Security benefits.

         Therefore, Defendant's motion, ECF No. 34, is GRANTED. Defendant is continued on release pursuant to the conditions below:

         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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