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U.S. v. Williams

Order Releasing Defendant Pending Trial Modified; Government's Revocation Motion Denied

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DECISION AND ORDER

*1 The Government moves, pursuant to 18 U.S.C. §3145(a)(1), to revoke Magistrate Judge Jeremiah J. McCarthy’s order releasing the Defendant pending trial. After de novo review, and for the reasons stated below, the Government’s motion is denied, but the Court modifies the conditions of release imposed by Judge McCarthy.BACKGROUNDThe Defendant is charged with possessing, with intent to distribute, cocaine and marijuana, in violation of 21 U.S.C. §§841(a)(1) and 841(b)(1)(C); possessing firearms in furtherance of a drug-trafficking crime, in violation of 18 U.S.C. §924(c)(1)(A)(i); and possessing three firearms with defaced serial numbers, in violation of 18 U.S.C. §§922(k) and 924(a)(1)(B). See 18-MJ-1020, Docket No. 1 (Complaint). The Court assumes familiarity with the allegations in the criminal complaint, the Government’s proffer at the detention hearing, and the arguments for and against release.DISCUSSION1. The Bail Reform Act’s standard for pretrial detentionThe Court reviews Judge McCarthy’s release order de novo. United States v. Leon, 766 F.2d 77, 80 (2d Cir. 1985).

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