Thomas J. McAvoy, Chief U.S.D.J.
MEMORANDUM-DECISION and ORDER
Defendant Raymond Eaddy was detained by order of Magistrate Judge Smith after a pre-trial detention hearing held on May 9, 1994. Defendant now comes before the court by way of an Order to Show Cause seeking review of Judge Smith's detention order.
The defendant has been charged in the indictment with conspiracy to distribute and possess with intent to distribute a quantity of cocaine and cocaine base (Count One in the Indictment). If convicted of this charge, defendant faces a mandatory minimum of ten years and maximum term of life imprisonment.
When a defendant seeks review of a magistrate judge's detention order, the Second Circuit has declared that a district court should fully reconsider a magistrate's denial of bail, and in ruling on such a motion, the district court should not simply defer to the judgment of the magistrate judge, but reach its own independent conclusion. United States v. Leon, 766 F.2d 77, 80 (2d Cir. 1985) (citing United States v. Delker, 757 F.2d 1390, 1394-95 (3d Cir. 1985); United States v. Williams, 753 F.2d 329, 331 (4th Cir. 1985)). Basically, review of the instant matter is de novo in nature. Id. With this standard in mind, we now turn to the merits of defendant's claim.
The defendant contends that Magistrate Judge Smith erred in his determination to detain defendant without reasonable bail. It is argued that the Magistrate's reliance on the government's representation that defendant had made threats to unidentified individuals was misplaced because the government had failed to give the specifics of the alleged threats -- specifics such as the words used by defendant when threatening other individuals and the identity of individuals who allegedly received the threats.
The government, on the other hand, alleges that even if the court was to discount the alleged threats made by the defendant, defendant is still a significant risk of flight and a danger to the community. The government directs the court's attention to the fact that defendant faces a ten year minimum mandatory sentence for his alleged acts if convicted. For this reason, the government urges the court to detain the defendant without bail.
18 U.S.C. § 3142(e) states in relevant part
subject to rebuttal by the person, it shall be presumed that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community if the judicial officer finds that there is probable cause to believe that the person committed an offense for which a maximum term of imprisonment of ten years or more . . ..