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United States v. Ash

United States District Court, Ninth Circuit

July 26, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
RANDALL ASH, Defendant.

MELINDA HAAG (CABN 132612), United States Attorney, J. DOUGLAS WILSON (DCBN 412811), Chief, Criminal Division, STACEY P. GEIS (CABN 181444), Assistant United States Attorney, San Francisco, California, Attorneys for Plaintiff

[PROPOSED] DETENTION ORDER

JOSEPH C. SPERO, Magistrate Judge.

INTRODUCTION

This matter came before this Court after pretrial release requested an arrest warrant for Randall Ash ("Ash" or "defendant") based on alleged violations of pretrial release. Ash was arrested on June 18, 2013. A bail review hearing was held in front of this Court on June 21, 2013.

For the reasons stated below and orally at the June 21 hearing, the Court orders that the defendant's bail is revoked and the defendant is ordered detained until further notice. The Court finds that defendant has failed to rebut the presumption that there is no condition or combination of conditions that will reasonably assure the safety of the community.

PROCEDURAL HISTORY

Ash was indicted on May 16, 2013 for possession and receipt of child pornography. He self-surrendered and appeared in front of this Court on May 21, 2013. At that time, Ash was released on several conditions of release, including a $100, 000 unsecured bond; mandatory electronic monitoring; no access to the Internet; and not committing any other federal, state, or local crime.

On June 2, 2013, the case agent in this matter was contacted regarding downloads of child pornography that a Sonoma County sheriff had undertaken from a computer that was directly connected to Ash's residence. Specifically, on May 23 and May 26, 2016 respectively, the sheriff was able to download four separate videos of child pornography involving prepubescent children. Further investigation uncovered that on May 25, 2013, a person at Ash's residence was reviewing child pornography on the Ares peer-to-peer network using the same user name, okxxxman@ares, that Ash had admitted in December 2012 was his user name. A search warrant executed on June 18, 2013 at Ash's residence uncovered a computer that contained images of child pornography in the computer's shared folder and deleted folder. During the search warrant, Ash said to his wife, in the presence of agents, that he could not stop looking at child pornography.

REASONS FOR DECISION

I. APPLICABLE STANDARD OF REVIEW AND BURDEN OF PROOF.

Where the defendant has been found to have violated a release condition, a reviewing Court may revoke his release and detain the defendant after a hearing, if the Court

(1) finds that there is...
(A) probable cause to believe that the person has committed a Federal, State, or local ...

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