United States District Court, M.D. Pennsylvania
KAROLINE MEHALCHICK United States Magistrate Judge.
before the Court is a motion to revoke or amend the
magistrate's order detaining the defendant (Doc. 16),
filed by Defendant Tomas F. Tlatenchi
(“Tlatenchi”) on July 16, 2019. Tlatenchi
requests Court reopen and conduct a de novo review
of the facts of his case as they pertain to the Court's
detention order filed July 10, 2019 (Doc. 11), and then
revoke the Court's previous order of detention.
was indicted in the United States District Court for the
Eastern District of Kentucky on July 2, 2019. (Doc. 1, at 2).
The indictment alleged that Tlatenchi transported two stolen
motor vehicles in interstate commerce on or about September
11, 2017, in violation of 18 U.S.C. § 2312. (Doc. 1, at
2). Subsequent to the indictment, the District Court for the
Eastern District of Kentucky issued an arrest warrant for
Tlatenchi, of 22 Kulp Avenue, Wilkes-Barre, Pennsylvania.
(Doc. 1, at 4). Law enforcement officers executed the arrest
warrant on July 8, 2019.
following day, July 9, 2019, Tlatenchi appeared before the
Honorable Karoline Mehalchick, Magistrate Judge for the
Middle District of Pennsylvania, for a hearing pursuant to
Rule 40 of the Federal Rules of Criminal Procedure. Tlatenchi
waived a Rule 5 identity hearing, the production of the
warrant, and a preliminary hearing. (Doc. 7). The government
moved for detention, pursuant to the Bail Reform Act of 1984,
18 U.S.C. § 3142.
10, 2019, the Court entered an order granting the
government's motion for pre-trial detention of Tlatenchi.
(Doc. 11). The Court subsequently transferred the matter to
the Eastern District of Kentucky - from where the charges had
originated - along with an Order that the United States
Marshals transfer Tlatenchi to the Eastern District of
Kentucky for further proceedings. (Doc. 11).
filed a Motion to Revoke or Amend the Order of Detention with
the Middle District of Pennsylvania on July 16, 2019. (Doc.
issue before the Court is whether the Middle District of
Pennsylvania retains the authority to review an order to
detain, when the individual was indicted in the court of a
different district (the Eastern District of Kentucky).
Review of a detention order is governed by 18 U.S.C. §
3145(b), which states, If a person is ordered detained by a
magistrate judge, or by a person other than a judge of a
court having original jurisdiction over the offense and other
than a Federal appellate court, the person may file, with
the court having original jurisdiction over the offense,
a motion for revocation or amendment of the order.
18 U.S.C. § 3145(b)(emphasis added).
clearly demands that a party filing a motion for revocation
or amendment of a detention order, do so with the court
having original jurisdiction over the offense.
purposes of 18 U.S.C. § 3145, “the court having
original jurisdiction over the offense means the court in the
district in which the prosecution is pending, not the court
in which the magistrate judge sits.” U.S. v. El
Edwy, 272 F.3d 149, 154 (2d Cir. 2001)(quotation
omitted); seeU.S. v. Cisneros, 328 F.3d
610, 615 (10th Cir. 2003)(“We agree with the
reasoning of a district court from another circuit that
explained … that ‘a ...