The opinion of the court was delivered by: Arcara, District Judge.
On October 29, 1997, a federal grand jury returned a
twelve-count Superseding Indictment charging defendant William
Price Trolinger, III, and nine others with various offenses under
the Controlled Substances Act. Defendant Trolinger is charged as
follows: in Count I, with engaging in a Continuing Criminal
Enterprise, in violation of 21 U.S.C. § 848(a) and (b); in Count
VI, with unlawfully exporting 100 kilograms or more of marijuana,
in the form of hashish, in violation of 21 U.S.C. § 953(c),
960(a) and 960(b)(2)(G) and 18 U.S.C. § 2; in Count VII, with
unlawfully importing 50 kilograms or more of marijuana, in the
form of hashish, in violation of 21 U.S.C. § 952(a), 960(a) and
960(b)(3) and 18 U.S.C. § 2; in Count IX, with unlawfully
possessing with intent to distribute and distributing 100
kilograms or more of marijuana, in the form of hashish, in
violation of 21 U.S.C. § 841(a)(1) and 841(b)(1)(B) and
18 U.S.C. § 2; in Count X, with conspiracy to export from the United
States, and to import into the United States, 1000 kilograms or
more of marijuana, in the form of hashish, in violation of
21 U.S.C. § 963; and in Count XI, with conspiracy to possess with
intent to distribute and to distribute 1000 kilograms or more of
marijuana, in the form of hashish, in violation of
21 U.S.C. § 846.
Upon the return of the Superseding Indictment, on October 29,
1997, an arrest warrant was issued for defendant. On or about
December 21, 1998, defendant was arrested in Toronto, Canada.
During the pendency of the extradition process from Canada to
the United States, defendant appeared on April 28, 1999 for a
bail hearing before the Honorable Justice Locke of the Ontario
Superior Court of Justice, Toronto Region. On April 30, 1999,
following that hearing, Justice Locke rendered a decision denying
defendant's request for bail pending his extradition to the
United States. Defendant ultimately consented to extradition.
The detention hearing was held on October 14, 1999 and both the
government and the defendant proceeded by way of proffer.
Following the hearing, Magistrate Judge Scott reserved decision.
On October 20, 1999, Magistrate Judge Scott denied the
government's detention motion and issued a release order, setting
bail in the amount of $1 million, fully secured by property,
assets, or cash. Magistrate Judge Scott further imposed home
confinement and electronic monitoring, presumably at the
defendant's mother's residence in the District of Maryland. As
further conditions of release, Magistrate Judge Scott imposed a
travel restriction on defendant, required him to surrender his
passport, and imposed various other conditions.
On October 26, 1999, counsel appeared for a status conference
before Magistrate Judge Scott. Defense counsel informed
Magistrate Judge Scott that bail could not yet be posted.
Magistrate Judge Scott therefore remanded defendant to custody.
On October 27, 1999, the government moved this Court for an
order, pursuant to 18 U.S.C. § 3145(a)(1), revoking Magistrate
Judge Scott's October 20, 1999 release order, arguing that
defendant presents a risk of flight.*fn1 The Court thereafter
scheduled a de novo hearing on the government's motion for
November 23, 1999.
On November 15, 1999, the parties met with Magistrate Judge
Scott for a status conference. It appears that, at that time,
defendant was able to post bail, but Magistrate Judge Scott
ordered defendant remanded pending this Court's decision on the
government's revocation motion.
On November 22, 1999, defendant filed a written opposition to
the government's revocation motion, along with an appendix of
On November 23 and 24, 1999, the Court held a hearing on the
government's revocation motion. At the hearing, the government
again proceeded by way of proffer. Defendant too made a proffer,
but also presented three witnesses: the defendant, his mother and
his daughter. A transcript of the detention hearing held before
Magistrate Judge Scott on October 16, 1999 was also filed and
made available for the Court's review.
After considering the evidence adduced at the hearing,
reviewing the submissions of the parties, and hearing argument
from counsel, the Court finds, pursuant to 18 U.S.C. § 3142, that
no condition or combination of conditions will reasonably assure
defendant's appearance as required for further proceedings.
Accordingly, the Court revokes Magistrate Judge Scott's October
20, 1999 release order and orders that defendant be detained
The Court makes these findings of fact based on the evidence
presented by way of proffer and testimony at the hearings before
Magistrate Judge Scott and this Court.*fn2
A. Background and Nature and Circumstances of Charged Conduct
According to these affidavits, in 1978, defendant and William
Troy formed a partnership with a marijuana distributor named
Breiding, who had purchased a 70-foot sailboat named the
"Pleamar." Troy flew to Columbia to pick-out marijuana that was
to be imported into the United States, and eventually met with
the crew of the Pleamar off the coast of Columbia, where the
marijuana was transferred onto the Pleamar. Defendant's role in
this transaction was to arrange (rent the properties) for the
off-load site in the Chesapeake Bay area. Eventually,
approximately 10,000 pounds of marijuana was off-loaded in
Chincoteague Island, Virginia, while approximately 5,000 to 6,000
pounds was unloaded in Easton, Maryland, farther up the
Chesapeake Bay. Approximately two weeks before off-loading,
Breiding was arrested in Ocean City, Maryland. At the time of his
arrest, he was in possession of money, marijuana and maps to the
properties. Consequently, Troy and others were arrested in
Chincoteague Island, while defendant and others were arrested in
Easton, Maryland. Charges against all of the defendants were
ultimately dismissed based upon a faulty search.*fn3
In about 1979 into 1980, defendant and Troy traveled to France
and purchased a 65-foot sailboat named the "Aldabaran."
Defendant, Troy, co-defendant Christopher Joseph Ecker and others
refurbished the boat in the South of France. Following the
refurbishing, the boat was sailed to Greece, and Troy and Ecker
flew back to the United States from Greece. Defendant and an
individual named Timothy Hansen sailed the boat to Lebanon where
they met "Jeffery LNU" who loaded approximately 12,000 pounds of
hashish onto the Aldabaran. Defendant then sailed the Aldabaran
to St. Barthelemy in the French West Indies where Troy met the
boat. In St. Barthelemy, defendant got off the boat and Troy got
on. Troy then sailed the boat to South Carolina, where the
hashish was off-loaded. Defendant and others then distributed the
hashish in the United States. Defendant and Troy made
approximately $300,000 each on this importation.
In about 1983 to 1984, defendant formulated a plan to import
marijuana from Thailand. In 1984, defendant contacted Troy and
asked him to go to Northern Oregon/Southern Washington in order
to assist in the off-loading of a boat loaded with marijuana from
Thailand. Troy and codefendant Wesley Dean Lundy then flew to San
Francisco and drove up to Astoria, Washington. In Astoria, Troy
and Lundy met with defendant. The Thai marijuana was then sailed
into the Oregon coast aboard the Aldabaran, by "Randy LNU," Rob
Trolinger (defendant's brother), Jimmy Phelps, and others.
Another individual named "Thunder," who appeared to Troy to have
worked out some sort of a partnership with defendant, was also
present. Approximately 10,000 pounds of marijuana was imported
and eventually loaded into trucks and driven east. Defendant was
responsible for distribution of this marijuana. Based on his
knowledge of the drug business and his discussions with
defendant, Troy estimates that defendant made between $1 million
and $2 million from this load of Thai marijuana.
Thereafter, in about December of 1992, an individual named
Constantine Szejko offered Troy a quantity of hashish from
Pakistan which was to be supplied, at least in part, by Lundy.
Troy, knowing that defendant would have outlets for the hashish,
decided to contact defendant via his voice mail in San Francisco.
During a conversation with defendant, Troy learned that
defendant's outlets were in the Toronto, Ontario area.
Following Troy's conversation with defendant, Troy and Szejko
finalized plans to transport hashish to the Buffalo, New York
area for ultimate distribution into Canada. It was necessary for
both Troy and Szejko to act as middlemen in this deal because
Lundy, who was providing the hashish to Szejko, and defendant had
previously had a falling-out and did not get along with one
Ultimately, the hashish was delivered to Westchester County,
New York. On January 25, 1993, Troy flew from Florida to
Washington, D.C., where he was picked-up by defendant. Troy and
defendant then drove in defendant's vehicle from Washington to a
hotel in Tarrytown, New York, where they met Szejko. Defendant's
vehicle was then loaded with approximately 348 pounds of hashish
packed in cardboard boxes. Troy and defendant then drove to the
Niagara Falls, New York area, and along the way, defendant made
several calls to his Canadian contacts. Once in Niagara Falls,
defendant and Troy met with co-defendant Bruce DeBarros at a
restaurant in Niagara Falls. DeBarros was the liaison for
co-defendant Karl Drysdale, who was defendant's contact in
Toronto. During the meeting, it was decided that the hashish
would be transported to a stash house located in nearby
Youngstown, New York.
Once at the stash house, the hashish was removed from the
cardboard boxes so that the quality of the hashish could be
inspected. At that time, DeBarros complained to defendant about
the poor quality of the hashish. DeBarros and defendant also
discussed the arrangements for getting the hashish to Drysdale in
Canada. DeBarros stated that he and codefendant Cecil Patrick
Manningham were going to transport the hashish across the Rainbow
Bridge between Niagara Falls, New York and Niagara Falls,
On January 29, 1993, defendant and Troy checked into a hotel on
Grand Island, New York to await payment from Drysdale. Defendant
and Troy needed the proceeds from the sale of the first hashish
load as quickly as possible so that they could pay for a second
load of approximately 310 pounds of hashish that was already
being transported to the Buffalo area by Lundy and another
individual, codefendant Harry Carter Russell.
At the hotel on Grand Island, Troy was using the alias of
Raymond Maxwell and defendant was using the alias Robert Miller.
At the same time, Szejko, at the direction of Lundy, was staying
at a hotel in Buffalo to coordinate the distribution of the
hashish and the collection of proceeds from the Canadian
customers. After arriving with the second load of hashish, Lundy
and Carter stayed at a hotel located south of Buffalo.
Because the Canadian customers were dissatisfied with the
quality of the hashish, payment was slow in coming. After four or
five days of the first load of hashish being taken to Canada,
defendant and Troy finally received payment of about $150,000. Of
this money, both Troy and defendant took about $5,000 each, while
Szejko took about $25,000. Lundy received the rest.
On February 12, 1993, defendant and Troy were again staying at
the same hotel on Grand Island when defendant received a
telephone call informing him that approximately ten kilograms of
hashish and $130,000 had been seized from "Bruce" and "Karl" in
Toronto. After receiving this call, Troy and defendant relocated
to a hotel near the Buffalo Airport.
According to the government, information provided by the Royal
Canadian Mounted Police ("RCMP") confirms that as part of an
undercover investigation, the RCMP, during early February 1993,
arrested three individuals, co-defendants Karl Drysdale, Bruce
Hahn, and Radomir Pajkovic, in Toronto and seized twelve
kilograms of hashish and $130,000 (U.S.).
As money was slow in coming back from Canada, Lundy and Russell
grew increasingly impatient. At about the same time as the
arrests in Canada, they began to complain and indicated that they
had another outlet, subsequently identified as Michael Pate, who
was having better success in distributing the hashish. They
advised Szejko that the hashish was coming from the West Coast
and that tens of thousands of pounds of hashish were available.
Lundy and ...