Opinion
Case No. 8:05-cr-42-T-30TGW.
March 14, 2006
Don Hansen, Assistant United States Attorney Peter Sartes, Counsel for Defendant.
ORDER
THIS CAUSE is before the court on Defendant's Motion for Bond (Doc. 47) and the government's response in opposition (Doc. 50). By this motion, the Defendant seeks an order of the court reconsidering its prior order of detention and allowing the Defendant release on conditions.
As the court file reflects, the Defendant was before the court on an initial appearance and ordered detained as a risk of non-appearance. See (Doc. 44). By the instant motion, the Defendant argues that he is not charged with a drug offense or crime of violence, has no history of failing to appear, and has family willing to pledge property in order to secure his release. In response, the government notes that the Defendant has previously pleaded guilty to fraud charges in the state of Kentucky under a plea agreement calling for a three year prison term. He was released into the custody of the Marshal for transport to the Middle District so that such sentence might run concurrent with any disposition on his pending charges. The government's response suggests that the Defendant is also subject to potential prosecution for similar fraud charges in both the Eastern and Western Districts of Virginia. Despite the offer of property by the Defendant's family the court concludes that, in the given circumstances, the Defendant remains a risk of flight should he be released and accordingly, the Defendant's Motion for Bond (Doc. 47) is DENIED.
Done and Ordered.