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United States v. Johnson

United States District Court, W.D. Pennsylvania

July 6, 2015

UNITED STATES OF AMERICA
v.
KELLI JOHNSON, Defendant.

OPINION AND ORDER

MAURICE B. COHILL, Jr., Senior District Judge.

Presently before the court is defendant Kelli Johnson's Motion to Revoke Pretrial Detention Order. ECF No. 23. The government has filed a Response and has provided under separate cover the exhibits introduced at the Detention hearing. ECF No. 25.

Defendant was indicted On May 12, 2015, by grand jury indictment charging her with one count of conspiracy to distribute and possession with intent to distribute 28 grams or more of cocaine base in violation of 21 U.S.C. § 846. Ms. Johnson entered a plea of not guilty on May 19, 2015. The government sought to detain Ms. Johnson and a detention hearing was held the same day.

Because Ms. Johnson is charged with a violation of the Controlled Substances Act for which the maximum penalty is ten years or more and that there is probable cause to believe that the defendant committed the offense, the presumption arises that no condition or combination of conditions will reasonably assure the appearance of the defendant as required and the safety of any other person and the community. 18 U.S.C. § 3142(e). Pursuant to 18 U.S.C. § 3142(e)(3):

Subject to rebuttal by the person, it shall be presumed that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community if the judicial officer finds that there is probable cause to believe that the person committed -
(A) an offense for which a maximum term of imprisonment of ten years or more is prescribed in the controlled Substances Act (21 USC 801 et seq.)

18 U.S.C. § 3142(e)(3).

In determining whether any condition or combination of conditions will reasonably assure the appearance of the defendant and the safety of any other person and the community, the judicial officer is to "take into account the available information concerning" the following factors:

(1) the nature and circumstances of the offense charged, including whether the offense is a crime of violence, or an offense... for which a maximum term of imprisonment of 10 years or more is prescribed or involves a narcotic drug;
(2) the weight of the evidence against the person;
(3) the history and the characteristics of the person, including-
(A) the person's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings; and
(B) whether, at the time of the current offense or arrest, the person was on probation, on parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an ...

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