United States District Court, W.D. Missouri, Southern Division
BRIAN C. WIMES, District Judge.
Before the Court is Magistrate Judge David P. Rush's Report and Recommendation Order (Doc. #33) denying Defendant Richard T. Gregg's Motion to Revoke or Amend the Magistrate's Orders Detaining Defendant (Docs. #33 & #42). The United States filed its opposition to the Motion on December 5, 2014. (Doc. #48). The Court grants the United States' Request for Extension of Time to File Response (Doc. #47) and thus deems the opposition to the Motion to Revoke or Amend the Magistrate's Orders properly filed.
After an independent review of the record, the applicable law, and the parties' arguments, the Court adopts Magistrate Judge Rush's findings of fact and conclusions of law. Accordingly, it is hereby
ORDERED Defendant's Motion to Revoke or Amend the Magistrate's Order Detaining Defendant (Doc. #45) is DENIED for the reasons stated in the Report and Recommendation Order and the Order denying reconsideration. (Docs. #33 & #42). It is further
ORDERED Defendants' bond is REVOKED. Defendant shall remain DETAINED pending trial in this matter. It is further
ORDERED Magistrate Judge Rush's Report and Recommendation Orders (Docs. #33 & #42) be attached to and made part of this Order.
IT IS SO ORDERED.
This matter comes before the Court upon the recommendation of the Pretrial Services Officer that Defendant Richard T. Gregg violated the conditions of his bond. For the reasons set forth below, the Court ORDERS the defendants bond REVOKED. Defendant Richard T. Gregg, is hereby ordered DETAINED pending trial in this matter.
On March 6, 2013, the undersigned United States Magistrate Judge ordered the defendant released on a personal recognizance bond. One of the conditions imposed upon his release was that he not commit any offense in violation of federal, state, or local law (Docs. 7 and 8).
On July 23, 2014, a superseding indictment was filed alleging additional charges against the defendant. Some of the charges are based upon criminal conduct alleged to have occurred since the defendant's release on bond on the original indictment. Specifically, the defendant is alleged to have made false declarations on May 14, 2013, and to have made fraudulent transfers of property on April 18 and May 24, 2013 (Doc. 26).
On August 6, 2014, United States Pretrial Services Officer Damon G. Mitchell submitted a Violation Report indicating that the post-bond charges alleged in the superseding indictment constituted a violation of the condition of the defendant's release that he not commit any new offenses (Doc. 28). The undersigned held a show cause hearing on the violation report on August 18, 2014.
Pursuant to 18 U.S.C. § 3148(b), and based on the superseding indictment, violation report, and evidence presented by the government at the hearing held August 18, 2014, the Court FINDS probable cause to believe that the defendant violated the conditions of his bond by committing the offenses of making false declarations and making fraudulent transfers of property. The Court further FINDS, based upon his conduct after release on bond, that the defendant poses a danger to the community in the form of ...