Opinion
21-CR-411 (WFK)
09-19-2023
UNITED STATES OF AMERICA, v. GIANNI STEWART, Defendant.
ORDER
WILLIAM F. KUNTZ, II, UNITED STATES DISTRICT JUDGE:
On August 2, 2023, the Court held a bond revocation hearing in the above-captioned action in response to Pretrial Services' Memorandum at ECF No. 181, informing the Court Defendant had violated the conditions of his release. At the proceeding, upon hearing from both parties, the Court revoked Defendant's bond and remanded him into the custody of the United States Marshals Service (“USMS”). ECF Nos. 192, 193.
On September 18, 2023, defense counsel filed a motion to reinstate Defendant's bond. ECF No. 197.
On September 19, 2023, Magistrate Judge Cheryl L. Pollak held a bond revocation hearing and subsequently denied Defendant's renewed application. ECF No. 198 (a copy of the minute entry from this proceeding is attached to this Order as Court Exhibit 1 in evidence). Defense counsel promptly appealed Magistrate Judge Pollak's Order and requested this Court review Defendant's renewed application. This Court granted defense counsel's request and held a bond reinstatement hearing that same day.
In light of the parties' presentations at the bond reinstatement hearing, the Court concludes Defendant poses a danger to the community and is a flight risk, and no combination of conditions can reasonably assure Defendant's presence at future court proceedings. Accordingly, defense counsel's motion to reinstate Defendant's bond is DENIED and Magistrate Judge Pollak's decision is affirmed.
The Court further DIRECTS defense counsel to renew his bond application before Magistrate Judge Pollak in accordance with her Minute Entry and Order at ECF No. 198 in order to clarify: (1) the higher amount for the bond; (2) the number of sureties; and (3) the terms and conditions for the electronic monitoring the Magistrate Judge would require in order to reconsider her position with respect to Defendant's bond application.
Defendant will remain detained pending trial or another final disposition of this action.
SO ORDERED.
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