United States District Court, M.D. Pennsylvania
D. MARIANI, UNITED STATES DISTRICT JUDGE
Introduction & Procedural Background
2, 2018, a Criminal Complaint was filed against James
Williams, III. (Doc. 1). Defendant was arrested by DEA agents
the following day. Williams was thereafter indicted on May 8,
2018 on the following charges: Conspiracy to Distribute and
Possession with Intent to Distribute 500 Grams or More of
Cocaine (Count I); Distribution and Possession with Intent to
Distribute Cocaine within 1000 Feet of a School (Counts II,
III); Possession with Intent to Distribute 500 Grams and More
of a Mixture and Substance Containing a Detectable Amount of
Cocaine (Count IV); Possession of a Firearm in Furtherance of
Drug Trafficking Crime (Count V); Felon in Possession of a
Firearm (Count VI); Possession of a Firearm with an
Obliterated Serial Number (Count VII); and Possession of a
Stolen Firearm with an Obliterated Serial Number (Count
VIII). (Indictment, Doc. 11).
10, 2018, Defendant was arraigned before Magistrate Judge
Mehalchick. A detention hearing was held that same day and
the Magistrate Judge ordered Williams detained pending trial
21, 2018, Defendant filed a Motion for Release Pending Trial
(Doc. 20). On July 16, 2018, this Court held a hearing on the
motion pursuant to 18 U.S.C. § 3142(f). For the reasons
that follow, the Court will deny Defendant's Motion.
Findings of Facts
purposes of resolving Defendant's present motion only,
the Court finds the following facts:
is a thirty-eight year old male who was born in Brooklyn, New
York. Defendant attended high school in Brooklyn until tenth
grade. Defendant never earned a general equivalency diploma.
He has resided in Monroe County, Pennsylvania, for the past
fifteen years, and has lived with his girlfriend Ms.
Schroeder for the past four years. Williams' last
employment of record was working for the New York City
Housing Authority in 2002.
has an infant daughter with Ms. Schroeder. Defendant also has
three other children, none of whom live with him: a nine-year
old daughter in Pennsylvania; an eighteen-year old daughter
in Brooklyn; and a twenty-one year old daughter in Virginia.
Ms. Schroeder is the mother of a six-year old daughter who
lives with her and Defendant.
has two prior felony drug convictions. In 2004, Defendant was
charged in Virginia with manufacture, sale, and possession of
a controlled substance. Defendant entered a guilty plea and
was sentenced to three years imprisonment, with two years and
ten months suspended. In 2015, Defendant pleaded guilty in
Monroe County Court of Common Pleas to Manufacture, Delivery,
or Possession with Intent to Manufacture or Deliver a
Controlled Substance, and to Possession of a Controlled
Substance by Person Not Registered and served 11 months in
prison. Defendant was released from custody on September 6,
2016, and was on supervised release until March, 2018.
2018, Defendant was charged in the present case with an eight
to the filing of the indictment, the police conducted two
controlled purchases of cocaine, one of which was audio
recorded. In both instances Williams was surveilled by law
enforcement officers, once coming from the residence where
Williams lived with Ms. Schroeder and once returning to this
the two controlled purchases, a search warrant was obtained.
The search of Defendant's residence yielded the seizure
of over 600 grams of cocaine, found in a bag on a counter in
the apartment. The police also seized a loaded Rossi
Interarms .357 handgun, a loaded Walther P22 handgun, and a
Smith & Wesson .380 handgun. Although the serial number
on the Walther P22 handgun was obliterated, the F.B.I, was
able to run a search on the gun, which had been reported
stolen in 2010. The police also recovered over $21, 000 in
cash and, among other items, a digital scale, packaging
materials consisting of baggies, and multiple cell phones.
being advised of his Miranda rights, on video, Defendant
confessed to dealing cocaine, admitted the cocaine and the
cash found in the residence were ...