United States District Court, W.D. New York
DECISION AND ORDER
HONORABLE RICHARD J. ARCARA, UNITED STATES DISTRICT JUDGE.
Government moves, pursuant to 18 U.S.C. §3145(a)(1), to
revoke Magistrate Judge Jeremiah J. McCarthy's
conditional order releasing the Defendant pending trial.
After de novo review, and for the reasons stated
below, the Government's motion is denied.
complaint alleges that, in June and July of this year, the
Drug Enforcement Administration (DEA) made three controlled
purchases of cocaine from the Defendant. See
17-mj-01086-JJM, Docket No. 1, ¶ 6. The cocaine from
those purchases weighed, in total, approximately 2.5 ounces.
Id. The complaint also alleges that, on August 3,
2017, agents "learned that [the Defendant] possessed one
ounce of cocaine intended for distribution."
Id. ¶ 8. After learning this information,
agents stopped the Defendant in his car, arrested him, and
recovered the cocaine. Id.
his arrest, and after being read his Miranda rights,
the Defendant allegedly made several incriminating
statements. Specifically, the complaint alleges the Defendant
stated that: (1) he possessed "approximately six to
seven ounces of cocaine" in his bedroom; (2) he
possessed a digital scale, which was located beneath his bed;
(3) he had $4, 000 in cash in his bedroom closet; (4) he
"does not use cocaine and only sells it"; (5) he
had sold "over 500 grams of cocaine in Erie County
within the past month"; and (6) he has a regular
supplier for the cocaine he distributes. Id. ¶
same day the Defendant was arrested, agents executed a search
warrant for his house. In the Defendant's bedroom, agents
found "several ounces of cocaine, " a digital
scale, and "an undetermined amount of U.S.
currency." Id. ¶ 10.
Defendant's initial appearance before Judge McCarthy on
August 4, 2017, the Government moved for detention. After a
detention hearing on August 7, Judge McCarthy denied the
Government's motion and conditionally ordered the
Defendant released on a number of conditions. Judge McCarthy
ordered, among other conditions:
• That the Defendant reside with his mother;
• That the Defendant post a $50, 000 bond secured by his
mother's home and his aunt's home;
• That defense counsel confirm that the Defendant would
be able to return to his job upon release (defense counsel
confirmed this fact);
• That the Defendant be placed on electronic monitoring
with home detention and that he be permitted to leave his
residence for only a handful of reasons, such as work, court
appearances, and religious services;
• That the Defendant not use alcohol, with zero
tolerance for any alcohol use;
• That the Defendant surrender his passport and refrain
from obtaining a passport or other travel documents;
• That the Defendant's travel be limited to the
Western District of New York;
• That the Defendant not possess or use any narcotics or
• That the Defendant submit to testing as required by
the Probation Office for purposes of detecting the presence
and use of illicit substances; and
• That the Defendant participate in substance abuse
therapy as directed by the Probation Office.
McCarthy remanded the Defendant pending Pretrial
Services' inspection of the Defendant's mother's
Services inspected the Defendant's mother's home the
next day. According to the Pretrial Services Officer, he
asked the "the defendant's mother ... if there were
any weapons in the home, " and "she advised there
were not." During the inspection, the Pretrial
Services Officer found "in the basement, on a table ...
a tied off plastic sandwich bag containing 14 .45 caliber
bullets. The defendant's mother stated she was not sure
who they belonged to and denied there were any firearms in
the residence." Judge McCarthy directed that the
Defendant's mother's home be cleaned up and that
Pretrial Services conduct another search.
Government then filed a motion with this Court to revoke