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United States v. Kurtenbach

United States District Court, D. South Dakota, Western Division

August 2, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
MATTHEW KURTENBACH, Defendant.

          ORDER DENYING MOTION FOR RECONSIDERATION OF DETENTION

          DANETA WOLLMANN UNITED STATES MAGISTRATE JUDGE

         PROCEDURAL HISTORY

         Defendant Matthew Kurtenbach was charged on April 18, 2017, in an Indictment with Distribution of a Controlled Substances and Possession with the Intent to Distribute a Controlled Substance in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C). A Writ of Habeas Corpus ad Prosequendum was entered on April 20, 2017, as Mr. Kurtenbach was serving a state court sentence and was being held in state custody at the South Dakota Community Work Center in Yankton, South Dakota. (Doc. 7 and Doc. 8).

         On May 1, 2017, Mr. Kurtenbach filed a motion to quash the writ and requested that he be allowed to appear via videoconferencing and remain in state custody so he could attend his upcoming parole hearing. (Doc. 14). Mr. Kurtenbach appeared in person at an initial appearance and arraignment on May 1, 2017. The court denied as moot the motion to quash. (Doc. 14). Mr. Kurtenbach entered not guilty pleas and a detention hearing was held. At the detention hearing, the government asserted the defendant should be detained in federal custody. Mr. Kurtenbach argued that he should be returned to state custody and indicated that he was willing to waive his rights under the anti-shuttling act. The court detained Mr. Kurtenbach. (Doc. 19).

         Mr. Kurtenbach filed a motion to reconsider the detention order. (Doc. 23). The government opposes the motion. (Doc. 31). Additional related filings are Mr. Kurtenbach's reply memorandum (Doc. 35), Mr. Kurtenbach's supplemental motion (Doc. 54), and Mr. Kurtenbach's request for ruling. (Doc. 60).

         DISCUSSION

         A. Reopening the detention hearing.

         The court previously determined that Mr. Kurtenbach is a danger to the community and a risk of flight. However, he seeks to reopen the detention hearing. Mr. Kurtenbach argues that he should be allowed to present evidence that returning him to state court custody constitutes a condition that will assure the safety of the community and assure Mr. Kurtenbach's presence at further proceedings. The government opposes the court readdressing the issue of detention on the grounds that no new evidence exists to merit reopening the detention hearing.

         18 U.S.C. § 3142(f)(2)(B) provides that “[t]he hearing may be reopened, before or after a determination by the judicial officer, at any time before trial if the judicial officer finds that information exists that was not known to the movant at the time of the hearing and that has a material bearing on the issue whether there are conditions of release that will reasonably assure the appearance of such person as required and the safety of any other person and the community.” The court finds that Mr. Kurtenbach offers no new information that didn't exist or wasn't known to him at the time of the hearing. Therefore, the court will not reopen the detention hearing. However, for purposes of supplementing the oral record at the detention hearing, the court will set forth its legal and factual basis for detaining Mr. Kurtenbach.

         B. Risk of flight and danger the community

         The Bail Reform Act, 18 U.S.C. § 3142, governs the pretrial release of defendants in federal district court. In determining whether to release or detain Mr. Kurtenbach, the court is required to consider the following:

(1) the nature and circumstances of the offense charged, including whether the offense . . . involves a controlled substance;
(2) the weight of the evidence against the person;
(3) the history and characteristics of the person ...

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