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United States v. Myers

United States District Court, Ninth Circuit

December 3, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
EVAN LEWIS MYERS, Defendant.

ORDER

WILLIAM Q. HAYES, District Judge.

The matter before the Court is the order to show cause why Defendant's bond (ECF No. 10) should not be revoked.

On August 6, 2013, the United States Magistrate Judge issued an arrest warrant charging the Defendant with receipt and possession of images of minors engaged in sexually explicit conduct in violation of 18 U.S.C. § 2252(a)(2) and (4).

On August 8, 2013, Defendant was arrested pursuant to the arrest warrant.

On August 9, 2013, Defendant appeared before the Magistrate Judge for an initial appearance. Defendant was appointed counsel and bond was set at a $30, 000 personal appearance bond secured by the signatures of Defendant and one surety with a ten percent cash deposit.

On August 15, 2013, the personal appearance bond was filed and Defendant was released subject to conditions of pretrial release.

On September 3, 2013, Defendant was charged in an Information with possession of matters containing images of minors engaged in sexually explicit conduct in violation of 18 U.S.C. § 2252(a)(4).

On October 8, 2013, Defendant entered a plea of guilty to the charge of possession of matters containing images of minors engaged in sexually explicit conduct in violation of 18 U.S.C. § 2252(a)(4) pursuant to a plea agreement. A presentence report was ordered and a sentencing date was set.

On November 22, 2013, a "Petition for Warrant for Defendant on Pretrial Release" was filed by Pretrial Services on the grounds that there has been a change of circumstances since the time bail was set. Based upon Defendant's suspension from his current outpatient psychotherapy and the recommendation that Defendant undergo a psychological evaluation, Pretrial Services believed that Defendant presented a danger to the community. The Court ordered a no bail bench warrant issue for Defendant's arrest.

On November 25, 2013, Defendant was arrested pursuant to the no bail bench warrant. Defendant was arraigned before the Magistrate Judge and a bond revocation hearing was set before the district court.

On December 2, 2013, this Court held a bond revocation hearing.

ANALYSIS

Defendant requests that the Court release him subject to the same conditions of pretrial release imposed upon his initial arrest. Defendant asserts that he poses no danger to another person or to the community because he assured the second therapist that he would never act on his fantasies. Defendant contends that he has complied with the conditions of pretrial release. The Government requests that the Defendant's bail be revoked on the grounds that Defendant has ...


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