Opinion
Case No. 1:12 MJ 99
03-23-2012
United States ofAmerica v. Patrick Dale Wiseman Defendant
ORDER OF DETENTION PENDING TRIAL
After conducting a detention hearing under the Bail Reform Act, 18 U.S.C. § 3142(f), I conclude that these facts require that the defendant be detained pending trial.
Part I - Findings of Fact
___ (1) The defendant is charged with an offense described in 18 U.S.C. § 3142(f)(1) and has previously been convicted of ___a federal offense___a state or local offense that would have been a federal offense iffederal jurisdiction had existed - that is
___a crime of violence as defined in 18 U.S.C. § 3156(a)(4), or an offense listed in 18 U.S.C. § 2332b(g)(5)(B) for which the prison term is 10 years or more.
___an offense for which the maximum sentence is death or life imprisonment.
___an offense for which a maximum prison term of ten years or more is prescribed in:
___a felony committed after the defendant had been convicted of two or more prior federal offenses described in 18 U.S.C. § 3142(f)(1)(A)-(C), or comparable state or local offenses.
___any felony that is not a crime ofviolence but involves:
___a minor victim
___the possession or use of a firearm or destructive device or any other dangerous weapon
___a failure to register under18 U.S.C. § 2250
___(2) The offense described in finding (1) was committed while the defendant was on release pending trial for a federal, state or local offense.
___(3) A period of less than 5 years has elapsed since the___date of conviction___defendant's release from prison for the offense described in finding (1).
___(4) Findings (1), (2) and (3) establish a rebuttable presumption that no condition will reasonably assure the safety of another person or the community. I further find that defendant has not rebutted that presumption.
Alternative Findings (A)
___(1) There is probable cause to believe that the defendant has committed an offense
___forwhich a maximum prison term often years or more is prescribed in:
Conrrolled Substances Acr (21 U.S.C. 801 erseq.)*
___ under18 U.S.C. § 924(c).
___(2) The defendant has not rebutted the presumption established by finding (1) that no condition or combination of conditions will reasonably assure the defendant's appearance and the safety ofthe community.
Alternative Findings (B)
___(1) There is a serious risk that the defendant will not appear.
___ (2) There is a serious risk that the defendant will endanger the safety of another person or the community.
Part II - Statement of the Reasons for Detention
I find that the testimony and information submitted at the detention hearing establishes by J clear and convincing
evidence___a preponderance of the evidence that:
defendant is a 33-year-old man. He was convicted in Florida in 2002 of multiple counts of possession of child pornography (CP), for which he served a prison sentence. In 2011, an undercover officer in New Zealand had Internet "chats" with defendant, in which defendant claimed that he had molested very young children. This led to the issuance of a search warrant for defendant's residence. The search uncovered evidence of the possession and distribution of CP, much of it involving the sadistic sexual torture of infants. In 2012, another undercover officer had similar "chats" with defendant, who expressed interest in raping and even murdering children in the Philippines. Defendant distributed further CP images featuring sadism. Defendant's distribution of CP is undeterred by detection and conviction, and his threats to commit child abuse are credible.
Part III - Directions Regarding Detention
The defendant is committed to the custody of the Attorney General or a designated representative for confinement in a correctionsrfacilityrseparate,rtortherextentrpracticable,rfromrpersonsrawaitingrorrservingrsentencesrorrheldrinrcustodyrpending appeal. The defendant must be afforded a reasonable opportunity to consult privately with defense counsel. On order of United StatesrCourtrorronrrequestrofranrattorneyrforrtherGovernment,rtherpersonrinrchargerofrthercorrectionsrfacilityrmustrdeliverrthe defendantrtortherUnitedrStatesrmarshalrforrarcourtrappearance.
Judge's Signature: Joseph G. Scoville
Name and Title: Joseph G. Scoville, U.S. Magistrate Judge