United States District Court, E.D. Michigan, Southern Division
OPINION AND ORDER DENYING DEFENDANT'S MOTION FOR
REVOCATION OF DETENTION ORDER
F. Cox United States District Judge.
has moved to revoke Magistrate Judge Mona K. Majzoub's
Order of Detention Pending Trial (Doc. # 11). The parties
appeared before the Court for a hearing on this motion on
April 13, 2018. For the reasons below, the Court finds that
the Government has established clear and convincing evidence
that there is no condition or combination of conditions that
will reasonably assure Defendant's appearance and assure
the safety of the community. Thus, the Court shall deny
Kristopher Hobson was arrested on a federal criminal
complaint on March 11, 2018. Two days later, Magistrate Judge
Majzoub held a detention hearing and, consistent with the
recommendation of pretrial services, ordered Defendant
detained pending trial (Doc. # 11). Defendant has since been
indicted on two counts of felon in possession of a firearm,
18 U.S.C. § 922(g)(1) (Doc. # 12). He has now moved to
revoke Magistrate Judge Majzoub's detention order (Doc. #
21). The Government has responded (Doc. # 24).
18 U.S.C. § 3145(b), a defendant ordered detained by a
magistrate judge may move to revoke the detention order. The
Court reviews a defendant's appeal of an order of
detention de novo. United States v. Leon, 766 F.2d
77, 80 (2d Cir. 1985).
defendant may be detained pending trial only if the Court
“finds that no condition or combination of conditions
will reasonably assure the appearance of the person as
required and the safety of any other person and the
community[.]” 18 U.S.C. § 3142(e). It is the
Government's burden to prove by clear and convincing
evidence that “no conditions of release can assure that
the defendant will appear and to assure the safety of the
community.” United States v. Stone, 608 F.3d
939, 945 (6th Cir. 2010); 18 U.S.C. §§ 3142(e),
3142(f)(2)(B). To determine whether no conditions exist that
will reasonably assure Defendant's appearance, the Court
must consider the following factors from § 3142(g): (1)
the nature and circumstances of the offenses charged; (2) the
weight of the evidence against Defendant; (3) his history and
characteristics; and (4) the nature and seriousness of the
danger to any person or the community that would be posed by
and Circumstances of the Charge.
offense charged in the two counts of the indictment-felon in
possession of a firearm-is serious. See United States v.
Carnes, 309 F.3d 950, 957 (6th Cir. 2002) (stating that,
in the Speedy Trial Act context, felon in possession is a
serious offense). Indeed, crimes involving firearms are a
specific consideration under § 3142(g)(1). Thus, this
factor weighs in favor of detention.
History and Characteristics.
history and characteristics demonstrate that he is a
continuing danger to the community and a flight risk. He has
a lengthy criminal history, including convictions for
possession with intent to distribute marijuana, felony
firearm, and possession of a stolen vehicle. And the nature
of these convictions is troubling; drug and weapons offenses
pose a particular danger to the community.
has also shown a lack of respect for court orders or law
enforcement. He committed the felony firearm and possession
of a stolen vehicle offenses while on HYTA probation for his
marijuana conviction, resulting in that probation being
revoked. Then, while on parole for those firearm and stolen
vehicle convictions, he incurred numerous technical parole
violations. Currently, he also has four open warrants for
failures to appear and for traffic violations. And Defendant
has fled from police on multiple occasions, including one
instance that led to a dangerous high speed chase.
the risk of danger and flight posed by Defendant's
release is enhanced by his current unemployment and history
of bipolar disorder and schizophrenia. And the risk posed by
Defendant's mental health issues is exacerbated by his
non-compliance with his treatment plan. For months, Defendant
has failed to meet with his therapist or take his
of the Evidence ...