United States District Court, S.D. Florida
REPORT AND RECOMMENDATION
J. O' SULLIVAN CHIEF UNITED STATES MAGISTRATE JUDGE
MATTER came before the Court on the United States' Motion
for Revocation of Magistrate Judge's Order of Bond (DE#
6, 3/27/19). This matter was referred to the undersigned
pursuant to 28 U.S.C. § 636(b) for a report and
recommendation. See Order of Reference (DE# 9, 3/29/19).
Having reviewed the applicable filings and the law, the
undersigned respectfully RECOMMENDS that the United
States' Motion for Revocation of Magistrate Judge's
Order of Bond (DE# 6, 3/27/19) be DENIED for
the reasons stated herein.
defendant was charged by indictment in the Southern District
of Florida with conspiracy to import 500 grams or more of
cocaine in violation of Title 21, United States Code, Section
963 and conspiracy to possess with intent to distribute 500
grams or more of cocaine in violation of Title 21, United
States Code, Section 846. See Indictment (DE# 3, 12/18/18).
March 17, 2019, the defendant was arrested in the District of
the Virgin Islands. On March 20, 2019, United States
Magistrate Judge George W. Cannon, Jr. held a detention
hearing in the District of the Virgin Islands. See
Transcript of Change of Detention Hearing Before Honorable
George W. Cannon, Jr. United States Magistrate Judge (DE#
14-1, 4/5/19) (hereinafter "Transcript").
pretrial detention hearing, the government sought to detain
the defendant based on risk of flight and danger to the
community. Transcript at 28. The defendant presented
testimony from the defendant's friend, the
defendant's sister and the defendant's boyfriend
concerning the defendant's character, her strong work
ethic, her role as a single mother to her four children
(including an infant whom the defendant is currently
breastfeeding), her status as the family's breadwinner
and her willingness to voluntarily submit to an interview
with law enforcement. At the conclusion of the hearing, the
Court set an unsecured bond in the amount of $50, 000.
Id. at 34. The Court stated that:
After. . . hearing the evidence and the testimony of the
witnesses as well as the arguments of both counsel, this
Court feel[s] that even though there is a presumption that
that [sic] presumption has been rebutted. I do not feel that
the defendant is a flight risk or a danger to the community.
So I will not detain the defendant. I'm going to release
the defendant under certain conditions.
Id., at 33. Among the conditions set by the Court,
was a curfew from 6:00 PM to 6:00 AM. See Order Setting
Conditions of Release (DE# 6-2 at 2, 3/27/19).
March 27, 2019, the government filed the instant motion.
See United States' Motion for Revocation of
Magistrate Judge's Order of Bond (DE# 6, 3/27/19)
(hereinafter "Motion"). The government seeks
revocation of the defendant's bond on the ground that
"the Defendant did not present any evidence to rebut the
statutory presumption in this case." Id. at 4.
The government argues that:
Despite the fact that all the individuals who testified on
the Defendant's behalf believe that she is a good mother,
that evidence is insufficient to overcome the presumption
that the Defendant is both a danger to the community and a
risk of flight. Their testimony does nothing to refute that
the Defendant engaged in the dangerous business of drug
trafficking and I has no ties to the Southern District of
Id., at 5.
defendant filed her response in opposition to the instant
motion on April 12, 2019. See Response to
"United States' Motion for Revocation of Magistrate
Judge's Order of Bond" (DE# 16, 4/12/19)
(hereinafter "Response"). The government filed its
reply on April 18, 2019. See United States' Reply to
Defendant's Response to Government's Motion for
Revocation of Magistrate Judge's Order of Bond (DE# 19,
matter is ripe for adjudication.