United States District Court, M.D. Florida, Jacksonville Division
Patricia D. Barksdale United States Magistrate Judge.
jury has returned an indictment charging Robert Hendricks
with twelve counts of wire fraud, in violation of 18 U.S.C.
§ 1343. Doc. 1. According to the allegations in the
indictment, the defendant used his reputation for savviness
in the commercial real estate world to defraud clients,
including friends, out of millions of dollars. Doc. 1.
United States moved for the defendant's detention under
18 U.S.C. § 3142(f)(2)(A) on the ground there is a
serious risk he will flee. Docs. 7, 8. He opposed the motion.
Doc. 12. The United States had to show by a preponderance of
the evidence that no condition or combination of conditions
will reasonably assure his presence as
undersigned conducted a detention hearing, during which
counsel for both sides proffered facts and offered exhibits.
Docs. 12, 12-1-12-11. At the end of the hearing, the
undersigned granted the motion, Doc. 12, and entered written
findings, Docs. 14, 14-1.
defendant now moves for reconsideration, Docs. 21, 25. The
United States opposes the motion. Doc. 24. The undersigned
conducted a hearing on the motion and took the motion under
advisement. Doc. 29.
defendant who wants to challenge a pre-trial detention order
by a magistrate judge has three options. He can ask the
magistrate judge to reopen the detention hearing under 18
U.S.C. § 3142(f). He can ask the district judge to
revoke the detention order under 18 U.S.C. § 3145(b). Or
he can appeal the detention order to the appellate court
under 18 U.S.C. § 3145(c) and Fed. R. App. P. 9(a).
defendant proceeds under a different route for which he
provides no legal authority: he asks the magistrate judge to
reconsider the detention decision based not on an error of
law or an error of material fact but on the same evidence
already considered or on evidence that could have been
presented the first time around. See
generally Doc. 21. Insofar as the Bail Reform Act
provides no such “do-over, ” the Court will deem
the motion for reconsideration as a motion to reopen the
reopen a detention hearing, a judge must find 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 the person as required
and the safety of any other person and the community.”
18 U.S.C. § 3142(f). Reopening is unwarranted if the
newly offered evidence was available at the time of the
hearing. United States v. Dillon, 938 F.2d 1412,
1415 (1st Cir. 1991); United States v. Hare, 873
F.2d 796, 799 (5th Cir. 1989). And even then, reopening is
discretionary. United States v. Watson, 475
Fed.Appx. 598, 599-600 (6th Cir. 2012).
effort to obtain reconsideration rather than reopening, the
defendant offers no such information in the
motion. Doc. 21. But at the hearing on the motion,
he presented such information: voluminous discovery provided
by the United States after the detention hearing showing that
investigators possess extensive, detailed information about
his bank accounts and other financial affairs. At least at
the hearing, the United States made no argument that the
discovery is not new and material or otherwise insufficient
to reopen the detention hearing.
discovery impacts the detention decision. A significant
concern underlying the detention decision was the
defendant's access to cash or other assets to enable him
to flee. Having considered the amount of discovery, combined
with the credible testimony of John Hendricks, that concern
has been addressed sufficiently. Together, they suggest the
defendant has no such assets. While the United States
referenced cash withdrawals in 2017 that have not been
accounted for, there is no indication those remain available
to the defendant.
following combination of conditions, along with others, will
reasonably assure the defendant's appearance as required:
• He must execute an unsecured appearance bond binding
him to pay the United States of America $25, 000.
• He must reside with and remain in the custody of John
Hendricks as the ...