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United States v. Bruce

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

March 6, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
JESSE BRUCE, Defendant.

          ORDER DENYING THIRD MOTION FOR RECONSIDERATION OF DETENTION

          DANETA WOLLMANN, United States Magistrate Judge.

         PROCEDURAL HISTORY

         Defendant Jesse Bruce was charged on December 15, 2015, in an Indictment with Conspiracy to Distribute a Controlled Substances in violation of 21 U.S.C. §§ 846, 841(a)(1) and 841(b)(1)(B) and Possession of a Firearm by a Prohibited Person in violation of 18 U.S.C. §§ 922(g)(3) and 924(a)(2). (Doc. 2). A Writ of Habeas Corpus ad Prosequendum was entered on December 17, 2015, as Mr. Bruce was serving a state court sentence and was being held in state custody at the South Dakota State Penitentiary in Sioux Falls, South Dakota. (Doc. 7 and Doc. 8).

         On December 31, 2015, a detention hearing was held and the court entered an order of detention. (Doc. 15). On November 10, 2016, Mr. Bruce filed a motion for release from custody. (Doc. 58). The court entered a text order denying the motion on the grounds that the defendant failed to present a change in circumstances which would merit re-opening the detention hearing. (Doc. 61). On December 14, 2016, Mr. Bruce filed a second motion for release from custody asserting his recent approval for release by the South Dakota Parole Board constituted a change in circumstance. (Doc. 62). The court held a detention hearing on December 21, 2016, and entered an oral order denying the motion for release. (Doc. 64).

         Mr. Bruce filed a third motion to reconsider the detention order, again arguing that he should be released given his approval for release by the South Dakota Parole Board. (Doc. 72).

         DISCUSSION

         A. Reopening the detention hearing.

         The court previously determined that Mr. Bruce is a danger to the community and a risk of flight. However, he seeks to reopen 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. Bruce offers no new information that didn't exist or wasn't known to him at the time of the December 21, 2016, 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. Bruce.

         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. Bruce, 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 including:
(A) the person's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, ...

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