No. CR 08-0044-DLJ.
March 12, 2008
On January 31, 2008, the grand jury returned a four count indictment charging Defendant Mashavu Turner (Turner) with possession with intent to distribute cocain base, methamphetamine, cocain, and marijuana, violations of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A)(iii), (viii), 841(b)(1)(C) and (D) respectively. Following a detention hearing on February 28, 2008, Magistrate Judge Brazil ordered that Turner be released on $250,000 bond to a halfway house, over the government's objection. Judge Brazil then stayed the release order, pending appeal to this Court.
On March 12, 2008, the Court heard argument on the government's motion pursuant to 18 U.S.C. § 3145(a)(1) for review and appeal of the release order. Considering the arguments of counsel, the papers submitted, and the record in this case, the Court makes the same order as the Magistrate Judge. Under the circumstance the Court is convinced that it is reasonably assured that the community will be safe and that Turner will appear in court, despite the presumption of dangerousness, if he is released to a halfway house under threat of more severe charges and forfeiture of the bond signed by his family. See 18 U.S.C. § 3142(c). The release order is therefore AFFIRMED.
IT IS SO ORDERED.