Opinion
3:02-CR-116-2 (TJM).
May 20, 2002
HON. JOSEPH A. PAVONE, United States Attorney, Of Counsel, MIROSLAV LOVRIC, Assistant U.S. Attorney, MICHAEL STEPANIAN, ESQ., San Francisco, CA, Binghamton, New York.
LEVINE GOULDIN LAW FIRM, Binghamton, New York, Of Counsel, JOHN L. PERTICONE, ESQ.
PRETRIAL DETENTION ORDER
The defendant Nancy Jean Thompson ("Thompson") first appeared on April 1, 2002, on a complaint charging a marijuana distribution conspiracy. The government moved for her detention pursuant to 18 U.S.C. § 3142(f)(1)(C), and requested a continuance. On April 3, Thompson was indicted for, inter alia, having participated in a marijuana distribution conspiracy involving more than 100 kilograms of marijuana. Thompson subsequently requested a substantial delay in her detention hearing which the court, for good cause, granted.
On April 29, the court conducted the hearing and received evidence by proffer from both the government and Thompson. At the conclusion of the hearing, the court issued an oral order detaining the defendant, and indicated that a written decision would follow.
Following the hearing, the court was notified by Thompson's co-counsel, Michael Stepanian, Esq., that Ms. Thompson waived the necessity of a written decision by the court. See 18 U.S.C. § 3142(i)(1) (requiring written decision). Therefore, and based upon the record at the detention hearing which specifically includes and incorporates the findings of fact and law and the uncontroverted facts in the Pretrial Services Report, the court concludes that Thompson presents a substantial risk of flight, and a moderate risk of community danger. Accordingly, it is hereby
ORDERED that Nancy Jean Thompson is committed to the custody of the Attorney General or his designated representative for confinement in a corrections facility separate to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal. She shall be afforded a reasonable opportunity for private consultation with defense counsel. On order of a court of the United States or on request of an attorney for the Government, the person in charge of the corrections facility shall deliver Thompson to the United States Marshal for the purpose of an appearance in connection with a court proceeding.