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United States v. Harcevic

United States District Court, E.D. Missouri, Eastern Division

April 14, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
ARMIN HARCEVIC, et al., Defendants.

REPORT AND RECOMMENDATION

DAVID D. NOCE, Magistrate Judge.

On April 7, 2015, defendant Armin Harcevic came before the Court with counsel on the motion of the United States (Doc. 93) for review or, in the alternative, for amendment of the order of release of defendant Harcevic issued by the United States District Court for the Northern District of California. The matter was referred to the undersigned Magistrate Judge under 28 U.S.C. § 636(b).

BACKGROUND

Defendant Armin Harcevic and 5 co-defendants are charged by indictment in this District in Count 1 with conspiring to provide material support to terrorists, in violation of 18 U.S.C. § 2339A; and he is charged in Count 3 with the 5 others with knowingly providing material support, in the form of money and equipment, during August and September 2013, knowing and intending that this support be used to carry out a conspiracy to commit the offenses of murder or maiming at places outside the United States, in violation of § 2339A. Specifically, the indictment alleges he transferred $1, 500.00 to a co-defendant's financial account on September 24, 2013, and that all defendants communicated with one another through telephones and various social media to further the conspiracy. (Doc. 1.)[1] The maximum statutory penalties upon defendant's conviction include imprisonment for not more than 15 years on each count, with consecutive sentences (for a total of 30 years imprisonment), plus deportation.

Before the Court for review is the order that defendant be released from the custody of the Marshals Service on the following conditions:

1. The signing of a secured appearance bond in the amount of $1, 000, 000.00, with appropriate sureties. This condition has been satisfied by the signing of such a bond and the deposit of money and the proffering of real estate, totaling the required amount. One of the parcels of property is located in St. Louis and is the residence of defendant's mother-in-law; the property is owned by her and defendant's wife.

2. Defendant must not commit any federal, state, or local crime.

3. Defendant must not obstruct justice in this case.

4. Defendant must not travel outside the Northern District of California or the Eastern District of Missouri. Defendant's counsel has proffered defendant's intention that, if released, he would move his wife and children to St. Louis where he would reside.

5. Defendant must submit to supervision by the United States Pretrial Services Office.

6. Defendant must deposit any passport with the registry of the federal court and not apply for or obtain any other passport or travel document.

7. Defendant must not possess any firearm, destructive device, or other dangerous weapon.

8. Defendant must remain in the third-party custody of his wife, who agrees to supervise him, and to report any violation of the conditions of release. During the hearing held in this Court, the Court directed defense counsel to identify to the Pretrial Services Office in this district 3 other individuals who would serve as third-party custodians for the Court to consider with consultation with the Pretrial Services Office.

9. Defendant must have no contact with any co-defendant without the presence of defense counsel.

10. Defendant must not change his place of residence without the prior approval of the Pretrial Services Office.

11. Defendant must submit to home detention with location monitoring as directed by the Pretrial Services Office.

12. Defendant must contribute to the cost of the services provided by the Pretrial Services Office.

(Doc. 90.) See also Docs. 91, and 118 (minute entries of the United States District Court for the Northern District of California, and the Order ...


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