United States District Court, S.D. California
ORDER GRANTING MOTION TO REVOKE DETENTION ORDER
JEFFREY T. MILLER, District Judge.
Defendant Danny Shaw, pursuant to 18 U.S.C. §3145(b), moves to revoke the magistrate judge's order of detention and to set bond. The Government opposes the motion. Having carefully considered the matter presented, the court docket, pertinent legal authorities, and the arguments of counsel, the court grants the motion to revoke the detention order. The court refers the matter to Magistrate Judge Crawford to set the conditions of release. The conditions of release shall include, at a minimum, GPS monitoring, home detention at Defendant's mother's residence, monitoring by Pretrial Services, and the imposition of an adequate bond. The matter is remanded to Magistrate Judge Crawford to conduct a surety examination, the setting of a bond, and the imposition of the standard conditions of release.
The Present Offense
On December 9, 2014, Defendant was charged in an Information with a single count of possession of images of minors engaged in sexually explicit conduct in violation of 18 U.S.C. §2252(a)(4)(B). Also on December 9, 2014, Defendant filed a Waiver of Indictment. (Ct. Dkt. 14). Defendant was arrested on the present charge on October 31, 2014, following completion of his state custodial sentence for failing to register as a sex offender.
Defendant's October 31, 2013 arrest on the failing to register charge occurred during a Halloween event where Defendant accompanied his minor nephew to a trick-or-treat event in Ramona, California. At the event, some parents declined Defendant's offer of candy on behalf of their children. Defendant then surreptitiously placed candy in one child's bag even though the child's father had declined Defendant's offer. One of the parents at the event noticed Defendant's conduct and notified the San Diego's Sheriff's department.
Defendant was then arrested and subsequently convicted for failure to register as a sex offender. Defendant served about one year in state custody. At the time of Defendant's arrest, the officers seized a cell phone and computer. Officers obtained a search warrant and discovered images of child pornography on the cell phone. In October 2014, two days before his release from the state prison facility, Defendant was interviewed by federal agents. He told the agents that individuals sent him the child pornography. He admitted to having a fantasy about having sex with a teenage girl. He also told the agents that he knew the difference between fantasy and reality and would never act on his fantasy.
Defendant was arrested for the instant offense while still in state custody. On October 31, 2014, a Complaint was filed against Defendant. (Ct. Dkt. 1).
Defendant's Characteristics and His Criminal History
Defendant is presently 30 years old, born and raised in California. Since Defendant graduated from Mira Mesa High School in 2003, he has lived in the states of California and Oregon. Since 2012, Defendant has lived with his mother and step-father in Yucca Valley, California. Defendant does not have a substance abuse problem and has never failed to appear in court. Defendant also does not have a passport or a driver's license.
In 2003, while living in Oregon, Defendant was convicted of attempted sexual abuse of a minor in Oregon. It does not appear that he served any custodial sentence for this conviction. (The record is ambiguous on the circumstances of this conviction.) The factual basis for this crime indicates that he followed three 12 year old girls home and "was accused of touching one of the girls' buttocks and another girl on the waist and shoulders, and then tying a slipknot in a small cord, using it as a leash to control the movements of that girl, calling her his little demon.'" (RT 12:8-12). "He also reportedly made repeated comments about his interest in the devil, sex and told the girls that he would, quote, put them down if they tried to run from him." (RT 12:13-15).
In 2005, Defendant was convicted of failing to register as a sex offender in San Diego. Apparently, he did not serve any time related to this conviction but was brought to Oregon where his probation was violated in the 2003 Oregon case. Defendant was sentenced to about 31/2 years in custody for the violation. In 2013, Defendant, as set forth above, was again convicted of failure to register as a sex offender and sentenced to about one year in custody.
The Central District Proceedings
Defendant was arrested on the present possession of child pornography charges while in state custody in the Central District of California on the second failure to register as a sex offender charges. He made an initial appearance on November 4, 2014 and a detention hearing was held on November 6, 2014, before Magistrate Judge Kenly Kiya Kato. Magistrate Judge Kato found that no combination of conditions would reasonably assure the safety of the community, detained Defendant without bail, and ordered his removal to the Southern District of California. The form detention order also erroneously ...