United States District Court, E.D. Michigan, Southern Division
ORDER GRANTING THE GOVERNMENT'S MOTION FOR ARREST
WARRANT AND BOND REVOCATION [#26]
PAGE HOOD, DENISE PAGE HOOD CHIEF JUDGE.
October 3, 2017, an Indictment was filed against Defendant
Gregory Moseley (“Moseley”), charging him with
Conspiracy to Commit Wire Fraud (Count I), Attempt to Use a
Counterfeit Access Device (Count II), Aggravated Identity
Theft (Count III), and Possession of Fifteen or More
Unauthorized Access Devices (Count IV). (Doc # 1) On October
12, 2017, Moseley appeared for arraignment and a detention
hearing on the Indictment. Magistrate Judge Majzoub ordered
Moseley's release on a $10, 000 unsecured bond with
conditions. (Doc # 12; Doc # 13) Under the Order Setting
Conditions of Release (Doc # 12), Moseley was prohibited
from, among other things, violating federal, state, or local
law, and from using any false identification or any
identification information of another person. (Id.
at Pg. 1-3)
January 31, 2018, Johnson was charged by Superseding
Indictment with Conspiracy to Commit Wire Fraud (Count I),
Attempt to Use a Counterfeit Access Device (Count II),
Aggravated Identity Theft (Count III), Fifteen or More
Unauthorized Access Devices (Count IV), Use of an
Unauthorized Access Device (Count V), Use of an Unauthorized
Access Device (Count VI), Possession of Device-Making
Equipment (Count VII), and Production of a Counterfeit Access
Device (Count VIII). (Doc # 24) Counts I-VI of the
Superseding Indictment involve events that occurred from
January 26, 2017 to September 20, 2017. Count VII and Count
VIII were allegedly committed by Moseley on January 26, 2018,
while he was released on bond. (Doc # 24, Pg. 6-7) The
Superseding Indictment establishes probable cause for the
offenses allegedly committed. See United States v.
Hazime, 762 F.2d 34, 36-37 (6th Cir. 1985).
matter is presently before the Court on the Government's
Motion for Arrest Warrant and Bond Revocation, filed on
February 1, 2018. (Doc # 26) To date, no response has been
filed. For the reasons that follow, the Government's
Motion is GRANTED.
Motion for Revocation of Detention Order
Bail Reform Act, 18 U.S.C. § 3142, requires that a
defendant be released pending trial unless there are no
conditions that will reasonably assure the appearance of the
person at future court proceedings and the safety of the
community. See 18 U.S.C. § 3142(e). A court
may, however, order detention of the defendant if the court
finds that no set of conditions will reasonably assure the
appearance of the person and the safety of the community.
See 18 U.S.C. § 3142(f).
Government requests the Court issue a warrant for
Moseley's arrest and conduct a hearing to determine
whether Moseley's pretrial release should be revoked in
favor of an order of pretrial detention pursuant to 18 U.S.C.
§ 3148, which states:
(a) Available sanctions.--A person who has
been released under section 3142 of this title, and who has
violated a condition of his release, is subject to a
revocation of release, an order of detention, and a
prosecution for contempt of court.
(b)Revocation of release.--The attorney for
the Government may initiate a proceeding for revocation of an
order of release by filing a motion with the district court.
A judicial officer may issue a warrant for the arrest of a
person charged with violating a condition of release, and the
person shall be brought before a judicial officer in the
district in which such person's arrest was ordered for a
proceeding in accordance with this section. To the extent
practicable, a person charged with violating the condition of
release that such person not commit a Federal, State, or
local crime during the period of release, shall be brought
before the judicial officer who ordered the release and whose
order is alleged to have been violated. The judicial officer
shall enter an order of revocation and detention if, after a
hearing, the judicial officer--
(1) finds that there is--
(A)probable cause to believe that the person has committed a
Federal, State, or local ...