United States v. Holland

922 F. Supp. 2d 70, 2013 WL 525434, 2013 U.S. Dist. LEXIS 19282
CourtDistrict Court, District of Columbia
DecidedFebruary 13, 2013
DocketCriminal No. 2013-0033
StatusPublished
Cited by4 cases

This text of 922 F. Supp. 2d 70 (United States v. Holland) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Holland, 922 F. Supp. 2d 70, 2013 WL 525434, 2013 U.S. Dist. LEXIS 19282 (D.D.C. 2013).

Opinion

MEMORANDUM OPINION

RUDOLPH CONTRERAS, District Judge.

On January 31, 2013, a grand jury indicted Kevin Holland on three counts of cocaine distribution, one count of heroin distribution, and one count of conspiracy to distribute at least five hundred grams of cocaine, an unspecified amount of heroin, and to possess both with the intent to distribute them. The distribution counts alleged violations of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C), while the conspiracy was allegedly in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(l)(B)(ii), and 841(b)(1)(C). A bench warrant issued, and Mr. Holland was arrested the following day. He was arraigned, pled not guilty, and was temporarily detained. The court held a detention hearing this morning and, for the reasons set out below, ordered Mr. Holland detained without bail pending trial.

I. LEGAL STANDARD

Under the Bail Reform Act of 1984, a judge cannot order a defendant detained before trial unless he finds that no conditions of release will reasonably assure either the safety of other persons and the community or the appearance of the defendant in court. 18 U.S.C. § 3142(e)(1). The first finding must be made by clear and convincing evidence, id. § 3142(f); the second need only be made by a preponderance of the evidence, United States v. Simpkins, 826 F.2d 94, 96 (D.C.Cir.1987); *71 United States v. Vortis, 785 F.2d 327, 328 (D.C.Cir.1986) (per curiam); United States v. Beauchamp-Perez, 822 F.Supp.2d 7, 9 (D.D.C.2011); United States v. Hanson, 613 F.Supp.2d 85, 87-88 (D.D.C.2009). “Subject to rebuttal by the person, it shall be presumed that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community if the judicial officer finds that there is probable cause to believe that the person committed ... an offense for which a maximum term of imprisonment of ten years or more is prescribed in the Controlled Substances Act (21 U.S.C. 801 et seq.)...” 18 U.S.C. § 3142(e)(3), (A).

“Section 3142(g) of the [Bail Reform] Act sets out the factors to be considered by the magistrate or judge in deciding whether available conditions will reasonably assure the defendant’s appearance [or the safety of others]: the nature and circumstances of the offense, particularly its nonviolent nature; the weight of the evidence; the history and characteristics of the person, including his character, family ties, employment, length of residence in the community, community ties, pást conduct, criminal history, and record of court appearances; and the danger the defendant poses to the community if released.” United States v. Xulam, 84 F.3d 441, 442 (D.C.Cir.1996) (per curiam). Both parties may proffer information relevant to this analysis. United States v. Smith, 79 F.3d 1208, 1210 (D.C.Cir.1996) (per curiam).

II. ANALYSIS

Mr. Holland’s indictment on a charge of conspiracy to distribute and to possess with the intent to distribute at least five hundred grams of cocaine establishes probable cause to believe that he has committed that offense, which subjects him to a maximum term of life imprisonment. The court therefore begins its analysis with the rebuttable presumption that no condition or combination of conditions will reasonably assure the safety of the community and the appearance of Mr. Holland as required. See 18 U.S.C. § 3142(e)(3)(A) (presumption arises on finding of probable cause to believe accused violated Controlled Substances Act and is subject to at least ten years’ imprisonment); 21 U.S.C. § 841(b)(l)(B)(ii) (possession of 500 grams cocaine with intent to distribute carries maximum sentence of life); id. § 846 (conspiracy punished as though it were completed offense); Smith, 79 F.3d at 1210 (holding that “indictment [on a covered offense] alone [is] enough to raise the rebuttable presumption that no condition would reasonable assure the safety of the community”); accord United States v. Williams, 903 F.2d 844 (D.C.Cir.1990) (per curiam) (unpublished opinion).

The court first considers “the nature and circumstances of the offense charged.” 18 U.S.C. § 3142(g)(1). Each of the charged offenses “involves ... a controlled substance.” Id. The first factor therefore weighs against Mr. Holland.

The court next considers “the weight of the evidence against” Mr. Holland. Id. § 3142(g)(2). At the detention hearing, the government proffered that each of the distribution charges, stemmed from a controlled drug purchase made by a cooperating witness, and that such witnesses had recently made purchases of fifty and one hundred grams of heroin. The government also proffered that the conspiracy charge was supported by recordings of what the government believed to be coded telephone conversations in which Mr. Holland conspired to purchase narcotics with the intent to distribute them. Mr. Holland offered nothing to contradict the government’s account. The court therefore con- *72 eludes that the weight of the evidence against Mr. Holland is significant.

Turning to “the history and characteristics of’ Mr. Holland, id. § 3142(g)(3), the court notes that he is currently self-employed at a job that he has purportedly held for some time, and has substantial local family ties — indeed, it appeared that many of his family members were present at today’s hearing — along with a history of residence in the area, all of which weighs in his favor under 18 U.S.C. § 3142(g)(3)(A). On the other hand, he has previously been convicted of or pled guilty to the distribution of cocaine, assault, theft, and reckless driving, which weigh against him, see id., and was on probation at the time of his arrest on this charge, which also weighs against him,

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Cite This Page — Counsel Stack

Bluebook (online)
922 F. Supp. 2d 70, 2013 WL 525434, 2013 U.S. Dist. LEXIS 19282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-holland-dcd-2013.