United States District Court, E.D. Washington
ORDER FOLLOWING DETENTION REVIEW HEARING AND SETTING
CONDITIONS MOTION GRANTED (ECF NO. 34)
T. RODGERS, UNITED STATES MAGISTRATE JUDGE.
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.
Court has reviewed Defendant's motion to reconsider, ECF
No. 34, and the argument of counsel.
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).
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).
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.
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.
Defendant's motion, ECF No. 34, is
GRANTED. Defendant is continued on release
pursuant to the conditions below:
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