United States v. Khaleel

836 F. Supp. 2d 837, 2011 WL 3100333, 2011 U.S. Dist. LEXIS 81008
CourtDistrict Court, N.D. Iowa
DecidedJuly 25, 2011
DocketCase No. CR11-0103
StatusPublished

This text of 836 F. Supp. 2d 837 (United States v. Khaleel) is published on Counsel Stack Legal Research, covering District Court, N.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Khaleel, 836 F. Supp. 2d 837, 2011 WL 3100333, 2011 U.S. Dist. LEXIS 81008 (N.D. Iowa 2011).

Opinion

[838]*838ORDER FOR PRETRIAL DETENTION

JON STUART SCOLES, United States Magistrate Judge.

On the 25th day of July, 2011, this matter came on for hearing on the Government’s request to have the Defendant detained prior to trial. The Government was represented by Assistant United States Attorney Daniel Chatham. The Defendant appeared personally and was represented by his attorney, JoAnne Lilledahl.

I. RELEVANT FACTS AND PROCEEDINGS

On June 8, 2011, Defendant Ali Abdul Ghani Khaleel was charged by Indictment (docket number 2) with possession with the intent to distribute and aid and abet the possession with intent to distribute methamphetamine, cocaine, and marijuana. At the arraignment on June 14, 2011, Defendant entered a plea of not guilty and trial was scheduled before Chief Judge Linda R. Reade on August 15, 2011. The Government requested Defendant be detained pending trial, and a detention hearing was scheduled for June 17, 2011. Prior to the hearing, however, Defendant waived his right to a detention hearing, subject to his ability to request and receive a prompt hearing at a later time. On July 12, 2011, Defendant asked for a detention hearing, and a hearing was scheduled on July 15, 2011. At that time, however, Defendant asked that an Arabic interpreter be provided. The hearing was continued to July 25.

At the hearing, Iowa State Trooper Justin Simmons testified regarding the circumstances underlying the instant charges. On April 7, 2011, Defendant was a passenger in a vehicle involved in a traffic stop. The driver consented to a search of the vehicle. Simmons testified that he also asked and received consent from Defendant to search two bags which belonged to him and were located in the back of the vehicle. Defendant denies that Simmons asked for his consent to search his bags, and denies that he gave Simmons consent to search his bags. When the bags were searched, law enforcement found 1.5 pounds of marijuana, 1 ounce of methamphetamine, and 2 ounces of cocaine. Defendant acknowledged that the bags were his, but denied knowing anything about the drugs found inside the bags.

According to the pretrial services report, Defendant is 24 years old. He was born in Basra, Iraq. He lived in Iraq until March 2009, when moved to the Republic of Turkey. In July 2010, Defendant was granted refugee status and was allowed to emigrate to the United States. When he first arrived in the United States, Defendant resided in Lansing, Michigan. In September 2010, he moved to Los Angeles, California, and resided there until he was arrested in Iowa in April 2011. Defendant is single. He has never been married, and has no children. His parents and three sisters continue to reside in Iraq.

For the most part, Defendant has been unemployed since he emigrated to the United States in July 2010.1 Defendant is in good physical health. He has undergone mental health treatment for “flashbacks” of violence that he witnessed in Iraq. Since being incarcerated in April 2011, Defendant has been prescribed medication for depression, anxiety, and insomnia. Defendant reported consuming alcohol heavily three to four times per week [839]*839from July 2010 to April 2011. During the same period of time, Defendant also reported using marijuana on a weekly basis.

Defendant has no criminal record. As a result of the incident on April 7, 2011, Defendant was charged in state court with three counts of controlled substance violations, three counts of failure to affix tax stamp, and one count of possession of a controlled substance. Upon being charged in federal court, the state court charges were dismissed.

II. DISCUSSION

The release or detention of a defendant pending trial is governed by the Bail Reform Act of 1984, 18 U.S.C. § 3142. In United States v. Salerno, 481 U.S. 739, 107 S.Ct. 2095, 95 L.Ed.2d 697 (1987), the United States Supreme Court upheld the constitutionality of the Bail Reform Act of 1984, while noting that “[i]n our society liberty is the norm, and detention prior to trial or without trial is the carefully limited exception.” Id. at 755, 107 S.Ct. 2095.

A. Legal Standard to be Applied

If the government moves to have a defendant detained prior to trial, the court must undertake a two-step inquiry. United States v. Friedman, 837 F.2d 48, 49 (2d Cir.1988). The Court must first determine by a preponderance of the evidence that the case involves an offense listed in 18 U.S.C. § 3142(f)(1), or that the defendant presents certain risk factors, as identified in § 3142(f)(2). Id. Once this determination has been made, the court then determines, pursuant to § 3142(e), whether any condition or combination of conditions will reasonably assure the defendant’s appearance at trial and the safety of the community. Id.

Regarding the first step, pretrial detention is not authorized unless the Court finds that at least one of seven enumerated circumstances is applicable. 18 U.S.C. § 3142(f). The first five enumerated circumstances refer to “offense types,” such as crimes of violence, offenses punishable by life imprisonment, serious drug offenses, felonies committed by repeat offenders, and felonies involving minor victims or guns. 18 U.S.C. § 3142(f)(l)(A-E). The last two enumerated circumstances where a hearing is authorized involve “risk factors,” such as a serious risk of flight, or a serious risk the defendant will obstruct justice. 18 U.S.C. § 3142(f)(2)(A-B).

Regarding the second step, if following a hearing “the judicial officer finds that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community,” then the judicial officer must order the defendant detained pending the trial. 18 U.S.C. § 3142(e). A finding that no condition or combination of conditions will reasonably assure the safety of the community must be supported by clear and convincing evidence. 18 U.S.C. § 3142(f). A finding that no condition or combination of conditions will reasonably assure the defendant’s appearance, however, must only be established by a preponderance of the evidence. United States v. Orta, 760 F.2d 887, 891 (8th Cir.1985).

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Related

United States v. Salerno
481 U.S. 739 (Supreme Court, 1987)
United States v. Mark Jessup
757 F.2d 378 (First Circuit, 1985)
United States v. Storie Lynn Orta
760 F.2d 887 (Eighth Circuit, 1985)
United States v. Arnold Friedman
837 F.2d 48 (Second Circuit, 1988)
United States v. Vicente Rosal Abad
350 F.3d 793 (Eighth Circuit, 2003)
United States v. Mercedes
254 F.3d 433 (Second Circuit, 2001)

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Bluebook (online)
836 F. Supp. 2d 837, 2011 WL 3100333, 2011 U.S. Dist. LEXIS 81008, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-khaleel-iand-2011.