Opinion
2:22-MJ-04817
12-09-2022
UNITED STATES OF AMERICA, Plaintiff, v. MIKE KIM, Defendant.
ORDER OF DETENTION
PATRICIA DONAHUE, UNITED STATES MAGISTRATE JUDGE
On December 9, 2022, Defendant Mike Kim made his initial appearance in this district on the Complaint filed in the District of Rhode Island. Deputy Federal Public Defender Michael Brown was appointed to represent Defendant.
Defendant submitted on the detention recommendation in the Pretrial Services Report.
[X] On motion of the Government [18 U.S.C. § 3142(f)(1)] in a case allegedly involving a narcotics or controlled substance offense with maximum sentence of ten or more years.
[X] On motion by the Government or on the Court's own motion [18 U.S.C. § 3142(f)(2)] in a case allegedly involving a serious risk that the defendant will flee.
The Court concludes that the Government is entitled to a rebuttable presumption that no condition or combination of conditions will reasonably assure the defendant's appearance as required and the safety or any person or the community [18 U.S.C. § 3142(e)(2)], The Court finds that no condition or combination of conditions will reasonably assure:
[X] the appearance of the Defendant as required.
[X] the safety of any person or the community.
The Court has considered the following:
(a) the nature and circumstances of the offense(s) charged, including whether the offense is a crime of violence, a Federal crime of terrorism, or involves a minor victim or a controlled substance, firearm, explosive, or destructive device;
(b) the weight of evidence against the Defendant;
(c) Defendant's history and characteristics; and
(d) the nature and seriousness of the danger to any person or the community.See 18 U.S.C. § 3142(g) The Court also considered the report and recommendation of the U.S. Pretrial Services Agency.
The Court bases its conclusions on the following:
As to risk of non-appearance:
[X] History of drug use/currently using narcotic controlled substances.
[X] History of international travel.
[X] Defendant tried to avoid arrest.
[X] Circumstance surrounding his arrest (see below).
As to danger to the community:
[X] Defendant barricaded in his residence for two hours when law enforcement arrived to arrest him, threatened to shoot law enforcement, threatened that he had a booby trap in his residence, and threatened to commit suicide.
[X] History of drug use.
[X] Instant allegations involve distribution of crystal methamphetamine.
It is therefore ORDERED that Defendant Mike Kim be detained until trial and be transported to the United States District Court for the District of Rhode Island. Both government counsel and counsel for the Defendant are directed to follow up with government counsel in the charging district regarding the Defendant's next scheduled appearance, and the status of the Defendant's transportation to, and arrival in, the charging district for the appearance.
The Defendant will be committed to the custody of the Attorney General for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal. The Defendant will be afforded reasonable opportunity for private consultation with counsel. On order of a Court of the United States or on request of any attorney for the Government, the person in charge of the corrections facility in which the Defendant is confined will deliver the Defendant to a United States Marshal for the purpose of an appearance in connection with a court proceeding. See 18 U.S.C. § 3142(i).