CALDWELL, District Judge.
On February 27, 1985 defendant was arraigned, pleaded not guilty, and was scheduled for trial on April 17, 1985. At arraignment defendant also filed an "application for release on bail."
On February 6, 1985 the government requested a detention hearing pursuant to Section 3142(f)(1)(A) of the Comprehensive Crime Control Act of 1984. (The Act) (18 U.S.C.A. § 3142(f)(1)(A)). The government alleged that defendant was charged with a crime of violence and that if admitted to bail there will be a risk that defendant will attempt to obstruct justice through intimidation of prospective witnesses, etc.
On February 6, 1985 United States Magistrate Smyser conducted a detention hearing and on February 7, 1985 issued an order detaining defendant until trial. The Magistrate concluded that defendant posed a danger to young boys in his community.
The Act provides in Section 3145(b), entitled "Review of a Detention Order," that where detention pending trial is ordered by a Magistrate the defendant may file with the court "a motion for revocation or amendment of the order." We will treat defendant's application for release as a motion for revocation or amendment under § 3145(b). Unfortunately the statute gives no guidance as to the scope of our review, but we note that a hearing is not specifically required.
The matter of pre-trial detention is a new concept for the judicial system and The Act permitting it has been with us only since October 12, 1984. Detention pending trial is authorized in Section 3141(a) of the Bail Reform Act of 1984 (a part of The Act). The procedures to be followed are also within the provisions of The Act. Where the government desires to have a defendant detained pending trial it must proceed under Section 3142(f). This section requires a judicial officer (a magistrate) to hold a detention hearing upon a motion filed by the government. The statute directs that the government's motion must allege the existence of at least one of a number of circumstances, which in this case are (1) that the crime involved in the case is one of violence and (2) that there is a serious risk of intimidation, etc., to witnesses. Upon the filing of such a motion the judicial officer is directed by Section 3142(f) to determine whether any conditions of bail will assure the defendant's appearance " and the safety of . . . the community. . . ." Section 3142(e) provides that the defendant may be detained after the hearing required in subsection (f) if the judicial officer concludes that no conditions of bail, "will reasonably assure the appearance of the person . . . and the safety of . . . the community. . . ."
In this particular case, after considering all of the evidence produced, and based upon the physical evidence gathered in the search of defendant's home, Magistrate Smyser concluded that, ". . . the defendant has a current interest in actively participating in inducing young boys into sexual conduct. It is therefore concluded that he constitutes a danger to young boys in the community." The Magistrate did not comment upon whether defendant is charged with a crime of violence.
We believe it is important to note that while the government must allege that the case involves a crime of violence (§ 3142(f)), The Act is silent as to whether the judicial officer must find that the designation is correct. The Act contains no definition of the term "crime of violence" and Section 3142(e) directs the Magistrate to rule on just two subjects in resolving a request for detention:
(1) whether the person will likely appear for trial.
(2) whether the safety of any person or the community will be jeopardized.