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United States of America v. Diana Frances Rosati

November 16, 2011

UNITED STATES OF AMERICA
v.
DIANA FRANCES ROSATI



The opinion of the court was delivered by: DuBOIS, J.

MEMORANDUM

I. INTRODUCTION

On June 15, 2011, a grand jury returned a one-count indictment against Diana Frances Rosati and two co-defendants. The indictment charges the three defendants with conspiracy to distribute a controlled substance and acquire a controlled substance by misrepresentation and forgery in violation of 21 U.S.C. § 846.

On June 20, 2011, United States Magistrate Judge M. Faith Angell ordered defendant Rosati detained pending her placement in a dual-diagnosis residential treatment program. Pursuant to that order, defendant was placed at Gaudenzia Together House ("Gaudenzia") in Philadelphia on June 29, 2011. However, on September 13, 2011, Gaudenzia staff discharged her after learning that she had participated in the purchase of heroin and brought heroin into the Gaudenzia facility. That day, after hearing argument from the government and defendant's counsel, Chief United States Magistrate Judge Thomas J. Rueter revoked defendant's pretrial release and detained her pending further proceedings.

Presently before the Court is defendant's Motion to Set Bail and to Vacate Order Granting Government's Motion for Detention. Defendant contends that pretrial release is appropriate because (1) she must care for her ill father and her young son and (2) her father is willing to post his house as collateral.

The Court conducted a hearing on defendant's motion on November 10, 2011. At the hearing, the Court admitted into evidence a discharge summary completed by Gaudenzia staff and a September 13, 2011, memorandum by Pretrial Services Officer Rocky Reyes. In addition, defendant's father, George Bahr, and Gaudenzia counselor Claudia DeForest testified and were subject to cross-examination. At the conclusion of the hearing, the Court denied defendant's motion. This Memorandum amplifies the bases for the denial.

II. LEGAL STANDARD

The Court applies the standard set forth in 18 U.S.C. § 3142 to the present motion for pretrial release. When a defendant's bail has been revoked or denied and she moves for reconsideration or files a renewed motion, a court uses the same standards that apply to a motion for release in the first instance. See United States v. Brownlee, No. 11-101, 2011 WL 2181472, at *1-2 (W.D. Pa. June 2, 2011) (applying 18 U.S.C. § 3142 in deciding a defendant's motion to reconsider denial of bail); United States v. Concepcion, No. 95-624, 1996 WL 146107, at *1-2 (E.D. Pa. Apr. 1, 1996) (applying 18 U.S.C. § 3148 in deciding a defendant's motion to reconsider revocation of bail).

Section 3142(e) provides that if a "judicial officer finds that no condition or combination of conditions [of pretrial release] will reasonably assure the appearance of the [defendant] as required and the safety of any other person and the community, such judicial officer shall order the detention of the person before trial." 18 U.S.C. § 3142(e)(1).

III. FINDINGS OF FACT

Having reviewed the parties' submissions and the transcript of the September 13, 2011, hearing before Chief Magistrate Judge Rueter, and after conducting an evidentiary hearing on November 10, 2011, the Court makes the following findings of fact:

1. The indictment charges defendant Rosati and her co-defendants Patrick William Swint and Kevin Joseph Fetrow with conspiring to use forged prescriptions to obtain oxycodone, an opiate pain reliever, and distribute it for a profit. The government has strong evidence of defendant's guilt, including the following*fn1

a. Sworn statements by individuals whom defendants recruited to fill the forged prescriptions and return the pills to Rosati and/or Swint;

b. Records obtained from the Bureau of Narcotics Investigations in the Pennsylvania Office of the Attorney General, including physician profiles and records of ...


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