The opinion of the court was delivered by: Jones, J.
Ronald Miko was indicted on January 19, 2012, and charged with one Count of Obstruction of a Criminal Investigation (in violation of 18 U.S.C. §1510), and Aiding and Abetting (in violation of 18 U.S.C. §2). On February 10, 2012, Mr. Miko was ordered detained and held without bail by Magistrate Judge M. Faith Angell (Doc. No. 10), prompting him to file a Petition to Review the Pretrial Detention Order of the Magistrate (Doc. No 11). The government filed their Response thereto (Doc. No. 12) and a hearing was held before this Court on March 19, 2012. For reasons which follow, the Petition will be granted.
During a hearing regarding this Petition, Defendant's counsel, Mr. Fortunato Perri presented Mrs. Beth Miko, the estranged spouse of Mr. Miko. Mrs. Miko testified, inter alia, that while she initially declined to allow Mr. Miko to reside with her and their child, she and their daughter have reconsidered that decision and are now willing to allow Mr. Miko to return to reside with them in their home at 253 S. Tulpehocken Street in Pinegrove, Pennsylvania.
Additional relevant factors presented during the hearing by Attorney Perri on Mr. Miko's behalf, included the following:
1. Petitioner, who is 37 years old, had been a police officer for the City of Reading for eleven years and is married to - albeit estranged from - Mrs. Beth Miko. The two have a thirteen year-old daughter who resides in the home;
2. Petitioner has been honorably discharged from the United States Army, where he had been deployed to Iraq and Bosnia;
3. Petitioner has a Bachelor's Degree and is currently enrolled in a Masters Degree program;
4. Petitioner suffers from insulin-dependent diabetes, which will cause a severe hardship if he remains incarcerated prior to trial; and
5. Petitioner is not a flight risk, nor a danger to the community and, if released upon conditions, will appear as required for all Court appearances.
The Government presented the following factors for consideration by this Court:
1. Petitioner was indicted on January 19, 2012, on one Count of Obstruction of a Criminal Investigation, and Aiding and Abetting;
2. The maximum penalty Petitioner faces is five years' imprisonment. Petitioner's estimated Sentencing Guidelines range ...