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United States of America, Plaintiff, v. Tariq Y. Bey, Defendant.

ORDER

TERENCE KEMP, Magistrate Judge

The above defendant appeared before the Court on August 29, 2007, for a bond revocation hearing. After considering the evidence presented at the hearing, the Court ordered that the defendant be detained pending sentencing. This order is intended to set forth in writing the reasons for that decision.

The defendant was charged in a two-count indictment with the distribution of crack cocaine and the possession of a firearm by a convicted felon. He was released, after his arrest in April, 2007, on his own recognizance and was placed on electronic monitoring. He has now pleaded guilty to both counts of the indictment and is awaiting sentencing. The drug trafficking charge carries a potential maximum sentence of twenty years in prison, making it a "serious drug offense" within the meaning of 18 U.S.C. §§ 3142(f) and 3143(a).

According to the testimony of Columbus Police Detective Michael Malloy, on August 16, 2007, defendant was arrested and charged in state court with trafficking in crack cocaine. The arresting officer told Detective Malloy that an individual was stopped by police and found to be in possession of crack cocaine. That individual said he received the drugs from defendant Bey and picked Mr. Bey's picture out of a lineup. Mr. Bey was then arrested and admitted his participation in a drug transaction from which he apparently received, among other things, a pair of sneakers. Although Mr. Bey testified at the hearing that he did not provide the crack cocaine to the individual in question, he admitted that he told the arresting officer that he did so. He claims he was told that if he admitted his guilt, he would be released on bond so that he could attend a family reunion in Virginia.

The testimony at the hearing met the probable cause standard set forth in 18 U.S.C. § 3148(b). That statute provides that if there is probable cause to believe that a defendant who has been released pending further proceedings in federal court has committed a new felony, a rebuttable presumption arises that the defendant is a danger to the community and ought to have his bond revoked. Especially given the fact that Mr. Bey was arrested on a prior occasion for similar conduct after being released on bond, the Court finds that he did not rebut the presumption. Further, 18 U.S.C. § 3143(a) provides that a defendant who has been found guilty of, among other offenses, a drug offense carrying a maximum of ten or more years of imprisonment, "shall" be detained pending sentencing unless certain exceptions apply. The statute lists only two exceptions — that a motion for a new trial or for a judgment of acquittal is likely to be granted, or the United States Attorney is recommending that no prison sentence be imposed. Neither of those conditions exist in this case. For these reasons, the Court revoked Mr. Bey's bond and detained him pending sentencing.

The defendant was advised of his right to seek review of this order by the assigned United States District Judge.

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U.S. v. BEY
(Sep 2, 2007)