United States v. Rice

          BRIAN J. STRETCH (CABN 163973) United States Attorney DAVID R. CALLAWAY (CABN 121782) Chief, Criminal Division WILLIAM J. EDELMAN (CABN 285177) Special Assistant United States Attorney Attorneys for United States of America

          [PROPOSED] ORDER OF DETENTION OF DEFENDANT ANTHONY RICE

          HON. SALLIE KIM United States Magistrate Judge

         The defendant Anthony Rice came before this Court on July 29, 2016, for a detention hearing. The defendant was present and represented by his counsel, Assistant Federal Public Defender Elizabeth Falk. Special Assistant United States Attorney William J. Edelman represented the United States.

         The government requested detention, submitting that no condition or combination of conditions would assure the defendant’s appearance or reasonably assure the safety of the community.

         Pretrial Services submitted a report recommending detention.

         Upon consideration of the Pretrial Services report, the court file, and the parties’ proffers as discussed below, the Court finds by clear and convincing evidence that no condition or combination of conditions will reasonably assure the safety of the community, and the Court also finds on the present record by a preponderance of the evidence that no condition or combination of conditions would assure the defendant’s appearance. The Court orders the defendant detained.

         The present order supplements the Court’s findings at the detention hearing and serves as a written findings of fact and statement of reasons as required by 18 U.S.C. § 3142(i).

         The Bail Reform Act of 1984, 18 U.S.C. §§ 3141-3150, sets forth the factors which the Court must consider in determining whether pretrial detention is warranted. In coming to its decision, the Court has considered those factors, paraphrased below:

(1) the nature and seriousness of the offense charged;

(2) the weight of the evidence against the person;

(3) the history and characteristics of the person including, among other considerations, employment, past conduct and criminal history, and records of court appearances; and

(4) the nature and seriousness of the danger to any person or the community that would be posed by the person’s release.

18 U.S.C. § 3142(g).

         Defendant Anthony Rice was originally appeared before the Court on a complaint alleging violations of 18 U.S.C. § 2114(a) (robbery of mail) and 18 U.S.C. § 1708 (theft of mail), and on July 26, 2016 waived his right to indictment and was arraigned on an Information charging him with a single count of mail theft in violation of 18 U.S.C. § 1708. The ...