Opinion
Case No. 1:11-cr-003.
March 8, 2011
Defendant filed a motion for reconsideration on February 11, 2011, regarding the undersigned's order of detention that was filed on February 02, 2011. (Docket Nos. 24-25). The United States filed a response opposing the motion on February 17, 2011. (Docket No. 26). Defendant requests that he be released from detention and allowed to reside with his grandmother in Cannonball. In addition, defendant argues that as to his prior conviction for aggravated assault, the court did not hear the full extent and nature of the injury suffered by the victim in that matter. The defendant asserts the injury was minor and was the result of the victim's attempt to grab a knife from the defendant's hand. The United States argues that the defendant does not appreciate the dangerous nature of his conduct while intoxicated, that his elderly grandmother is unlikely to be able to control him, and that his promise not to consume alcohol is unpersuasive considering his history of "habitual, alcohol-related criminal behavior."
I. MOTION FOR RECONSIDERATION
II. MOTION FOR MODIFICATION OF DETENTION ORDER
DENIED.
While the court appreciates the defendant's desire to spend time with his sister during this time, the court finds that the same factors that led to the court's decision to detain the defendant pending trial weigh in favor of denying his request that he be temporarily released to his girlfriend and sister to return to Cannonball. Given the posture of the case, defendant poses as great a risk to the alleged victim and to the community, and continues to be a flight risk. Based upon the foregoing, defendant's Motion to Modify Detention Order is DENIED.
IT IS SO ORDERED.
Dated this 8th day of March, 2011.