CASE 0:23-cr-00160-NEB-JFD Doc. 430 Filed 10/26/23 Page 1 of 3
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`UNITED STATES DISTRICT COURT
`DISTRICT OF MINNESOTA
`Criminal No. 23-160-24 (NEB/JFD)
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`UNITED STATES OF AMERICA,
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`v.
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`MARON BAILEY
`a/k/a Boonie,
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`Plaintiff,
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`Defendant.
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`OPPOSITION TO MOTION FOR
`TEMPORARY RELEASE
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`On October 20, 2023, Defendant Maron Bailey moved for a temporary release
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`from custody to attend the birth of his first child. ECF No. 428. Although
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`sympathetic to Bailey’s circumstance, it does not mitigate the various factors that
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`resulted in his pretrial detention because his release posed a risk of nonappearance
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`and danger to the community. See ECF No. 228. (Order of Detention.) The
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`government respectfully requests that the defendant’s motion be denied.
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`Procedural Background
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`On April 26, 2023, a grand jury in the District of Minnesota returned an
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`indictment against Bailey and 24 others alleging a RICO conspiracy. ECF No. 1. The
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`indictment specifically alleged that each defendant, including Bailey, was a member
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`of the “Highs” criminal organization and that the organization’s members had
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`engaged in various violent acts. Id. On May 8, 2023, the Court ordered Bailey
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`detained pending trial because he posed a risk of nonappearance and a danger to the
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`community. ECF No. 228. Specifically, the Court found that Bailey had a history of
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`substance abuse, an unstable living condition, and fled police during apprehension
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`CASE 0:23-cr-00160-NEB-JFD Doc. 430 Filed 10/26/23 Page 2 of 3
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`efforts on this indictment. Id. The Court also determined that pretrial release would
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`pose a danger to the community. Bailey has a prior conviction that involved
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`discharging a firearm during a drug transaction, a pending Wisconsin state case
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`involving weapon and drug-related charges, and had 175 fentanyl pills on his person
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`when law enforcement apprehended him. Bailey also self-identified as affiliated with
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`a local gang. On October 5, 2023, Bailey pleaded guilty to a criminal information.
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`ECF No. 421. Bailey admitted his long-standing ties with the “Highs” criminal
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`organization, which included dealing large amounts of fentanyl as recently as
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`January 2023. As a result, Bailey is pending sentencing and facing a significant
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`custodial sentence. On October 20, 2023, Bailey moved for temporary release to
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`attend the birth of his first child.
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`Argument
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`Bailey seeks temporary release to witness the birth of his first child and
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`indicates he would agree to “any and all measures . . . to ensure the security of him
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`doing so.” ECF No. 428 at 2. But no such measures would appear to adequately
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`mitigate the risks that resulted in Bailey’s pretrial detention.1 It remains that Bailey
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`has an unstable living situation, apparent struggles with chemical dependency,
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`and—when last released—an active gang affiliation. Unfortunately, the timing of
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`Bailey’s admitted criminal behavior also directly overlaps with the pregnancy of the
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`child he now hopes to witness being born. This is relevant only because it undercuts
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`USPPS could not propose any workable release conditions and recommended
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`Bailey’s pretrial detention.
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`CASE 0:23-cr-00160-NEB-JFD Doc. 430 Filed 10/26/23 Page 3 of 3
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`an argument that the realities of fatherhood somehow tempered his otherwise
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`concerning behaviors. Moreover, Bailey now faces the realities of a significant
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`criminal sentence, which only heightens the risks of a potential temporary release.
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`Conclusion
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`Accordingly, although sympathetic to the nature of the request, the
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`government opposes Bailey’s motion for temporary release. Such a release—even if
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`temporary—poses a risk of nonappearance and danger to the community.
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`Dated: October 26, 2023
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`Respectfully Submitted,
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`ANDREW M. LUGER
`United States Attorney
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`/s/ Jordan L. Sing
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`BY: JORDAN L. SING
`Assistant U.S. Attorney
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