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United States v. Fernandes

United States District Court, W.D. New York

September 29, 2014

UNITED STATES OF AMERICA,
v.
JONATHAN FERNANDES, Defendant

For Jonathan Fernandes, Defendant: Robert G. Smith, LEAD ATTORNEY, Federal Public Defender, Rochester, NY.

For Mindy Stephens, Defendant: Christian J. Kennedy, LEAD ATTORNEY, Rochester, NY.

For Andrej Konopski, Defendant: Joel Krane, LEAD ATTORNEY, Rochester, NY.

For USA, Plaintiff: Jennifer M. Noto, LEAD ATTORNEY, U.S. Attorney's Office, Rochester, NY.

Page 407

DECISION AND ORDER

ELIZABETH A. WOLFORD, United States District Judge.

BACKGROUND

Defendant was arraigned on March 11, 2014, on a criminal complaint charging him with methamphetamine-related drug-trafficking offenses and possession of a firearm in furtherance of the drug-trafficking crimes. Attached to the complaint is an affidavit of a law enforcement officer detailing the investigation into Defendant's alleged activities through the use of at least two confidential sources. (Dkt. 1).

On April 3, 2014, Defendant was indicted on 13 counts of drug crimes in violation of various provisions of 21 U.S.C. § § 841, 843, 844 and 856, and firearm counts in violation of 18 U.S.C. § 924(c)(1)(A). (Dkt. 10). Defendant has been in pretrial detention since his initial arrest on March 11, 2014. (Dkt. 1 & 7). Prior to the return of the indictment, a detention hearing was held on March 25, 2014, before United States Magistrate Judge Jonathan W. Feldman, at which Judge Feldman granted the Government's motion to detain Defendant on the grounds that no condition or combination of conditions would reasonably assure the safety of any other person and the community (Dkt. 7). Judge Feldman determined that the Government had not met its burden to prove that Defendant should be detained based upon risk of flight.

On August 28, 2014, Defendant filed a motion before this Court to revoke or amend Judge Feldman's detention order. (Dkt. 29). On September 5, 2014, the Government filed a response to Defendant's motion, and also cross-moved seeking Defendant's detention based upon both risk of flight and dangerousness. (Dkt. 31). A hearing was held before the Court on September 8, 2014, at which time each party

Page 408

proffered evidence and submitted arguments with respect to their positions. In addition to considering the party's written and oral submissions, the Court also has reviewed the audio transcript of the detention hearing held before Judge Feldman on March 25, 2014. The Court also has considered the Pretrial Service investigation and report prepared by the United States Probation Office and dated September 5, 2014, which recommended detention, and the investigation and findings are incorporated herein.

As set forth below, although there may be a combination of conditions that would reasonably assure Defendant's appearance if he were released, the Government has met its burden with respect to dangerousness, and therefore ...


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