Opinion
3:22-CR-20-KAC-JEM-10
06-03-2022
UNITED STATES OF AMERICA, Plaintiff, v. SAMUEL B. HARRIS, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
KATHERINE A. CRYTZER, UNITED STATES DISTRICT JUDGE.
This criminal case is before the Court on United States Magistrate Judge Jill E. McCook's “Report and Recommendation” (“Report”) entered on June 2, 2022 [Doc. 111]. On March 25, 2022, United States Magistrate Judge Anthony P. Patti of the United States District Court for the Eastern District of Michigan issued an order releasing Defendant on conditions [See Doc. 49]. Judge Patti stayed the release order until March 28, 2022 to allow the United States to appeal, which it did [See Doc. 111 at 1]. On June 1, 2022, Judge McCook held a hearing on the United States's “Emergency Motion Under 18 U.S.C. [§] 3145 for Revocation of Magistrate Judge's Release Order, ” [id. at 1-2], during which the United States represented that it “no longer s[ought] detention” of Defendant because “conditions or a combination of conditions existed that would reasonably assure [Defendant's] appearance . . . and the safety of the community, ” [id. at 3]. But the United States sought different conditions than those Judge Patti initially imposed [Id. at 3]. Following the developments at the hearing, Judge McCook recommends that this Court deny as moot the United States's motion and release Defendant on the conditions to which the Parties agreed at the June 1 hearing [See Doc. 111]. The Parties have since indicated that they do not object to the Report [See Docs. 113; 114]. See 28 U.S.C. § 636(b)(1); Fed. R. Crim. P. 59(b)(2)
As Judge McCook ably analyzed in her Report, the United States no longer opposes conditional pretrial release of Defendant [Doc. 111]. And based on the factors at 18 U.S.C. § 3142, releasing Defendant on the proposed conditions “will reasonably assure the appearance of [Defendant] as required and the safety of any other person and the community.” See 18 U.S.C. § 3142(g). Accordingly, having reviewed the record, the Court ACCEPTS and ADOPTS Judge McCook's Report [Doc. 111] under 28 U.S.C. § 636(b)(1) and Federal Rule of Criminal Procedure 59(b) and DENIES as MOOT the United States's “Emergency Motion Under 18 U.S.C. [§] 3145 for Revocation of Magistrate Judge's Release Order” [Doc. 49]. The Court DIRECTS the Clerk of Court to enter the attached “Order Setting Conditions of Release, ” and the Court ORDERS Defendant released on these conditions after processing.
IT IS SO ORDERED.