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United States v. Holcomb

United States District Court, S.D. California

May 22, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
ROBERT ERIC HOLCOMB, Defendant.

          ORDER

          WILLIAM Q. HAYES Judge.

         The matters before the Court are the revocation of release and the oral motion for detention made by Plaintiff United States of America at the detention hearing held on May 19, 2017.

         BACKGROUND

         On June 16, 2016, the federal grand jury returned a nineteen count indictment charging Defendant Robert Eric Holcomb ("Defendant") with four counts of Tax Evasion in violation of 26 U.S.C. § 7201; five counts of Aiding or Assisting in the Preparation of False Returns in violation of 26 U.S.C. § 7206(2); four counts of Making a False Statement to a Financial Institution in violation of 18 U.S.C. § 1014; one count of Possession of an Unregistered Firearm in violation of 26 U.S.C. § 5861(d); and five counts of Wire Fraud in violation of 18 U.S.C. § 1343. (ECF No. 1). The indictment charges that Defendant, beginning in approximately 1999 and continuing through at least February 2015, engaged in conduct to defraud the United States in its revenue collecting capacity. The indictment charges that Defendant knowingly and intentionally possessed a modified AK-47 type rifle that was not registered to him in the National Firearms Registration and Transfer Record.

         On July 19, 2016, the magistrate judge issued an Amended Order and Conditions of Pretrial Release. (ECF No. 11). The magistrate judge "determined an unconditional release pursuant to 18 U.S.C. § 3142(b) is not sufficient to assure the appearance of the defendant and the safety of the community[, ]" and imposed, among other restrictions, that Defendant "make all court appearances[.]" Id. at 1. The magistrate judge ordered that Defendant provide the Court with a cash bond in the amount of $ 100, 000. Id. On January 6, 2017, the Court issued an order denying Defendant's motion to dismiss the indictment, denying Defendant's motion to dissolve the protective order, denying Defendant's motion for reconsideration of the electronic case filing order, denying Defendant's motion for an injunction to suppress evidence, denying Defendant's motion for injunction to quash all IRS actions, and denying Defendant's supplemental motion to dismiss. (ECF No. 53).

         On January 18, 2017, Defendant filed a Notice of Interlocutory Appeal with the United States Court of Appeals for the Ninth Circuit, to appeal this Court's January 6, 2017 order. (ECFNo. 56). On March 28, 2017, the Court issued an order stating that the Defendant's Notice of Appeal did not transfer jurisdiction to the Court of Appeals and that jurisdiction remains in this Court. (ECF No. 67). The Court ordered that "[t]he parties shall continue to prepare for trial." Id. at 3.

         On May 8, 2017, the Court issued a minute order granting Plaintiffs motion for a status hearing. (ECF No. 70). In the minute order, the Court set a status hearing for May 12, 2017 at 2:00 PM in Courtroom 14B before Judge William Q. Hayes. Id. On May 10, 2017, Defendant filed a pleading titled "Judicial notice of violation of the Constitution's 'good Behaviour' clause." (ECF No. 71). In this pleading, Defendant refers to this Court's May 8, 2017 minute order, and states that he is "appearing only in writing in special appearance in regards to WILLIAM QUINN HAYES' bad faith offer to attend a nonjurisdictional status hearing[.]" Id. at 1 (citing ECF No. 70) (quotation marks omitted).

         On May 12, 2017, the Court held a status hearing. (ECF No. 72). Defendant did not appear at the status hearing. On May 12, 2017, the Court issued a no bail arrest warrant for Defendant. (ECF No. 73). On May 15, 2017, Defendant filed a pleading titled "Judicial notice of an act of tyranny by WILLIAM QUINN HAYES in violation of the Constitution's "good Behaviour" clause." (ECF No. 74). In this pleading, Defendant states that "when I did not physically appear WILLIAM QUINN HAYES retaliated by passing two 'Bills of Attainder' from the bench in the form of a 'NO BAIL BENCH WARRANT' (dcDE72) and an 'ARREST WARRANT ISSUED' (dcDE73) against a bloodline descendant ('Posterity') member of the 'People.'" Id. at 1. On May 18, 2017, Defendant was arrested. On May 19, 2017, the Court held a status hearing. (ECF No. 77).

         RULING OF THE COURT

         Pursuant to 18 U.S.C. § 3148, a person who has been released under 18 U.S.C. § 3142 is subject to sanctions, including detention, for violating a condition of his release. 18 U.S.C. § 3148(b) states,

The attorney for the Government may initiate a proceeding for revocation of an order of release by filing a motion with the district court. A judicial officer may issue a warrant for the arrest of a person charged with violating a condition of release, and the person shall be brought before a judicial officer in the district in which such person's arrest was ordered for a proceeding in accordance with this section. To the extent practicable, a person charged with violating the condition of release that such person not commit a Federal, State, orlocal crime during the period of release, shall be brought before the judicial officer who ordered the release and whose order is alleged to have been violated. The judicial officer shall enter an order of revocation and detention if, after a hearing, the judicial officer-
(1) finds that there is-
(A) probable cause to believe that the person has committed a Federal, State, or local ...

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