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No. 1016 ORDER denying 923 Motion for Reconsideration re Detention Pursuant to 18 U.S.C. 3142(f)(2)(B) ...

Document USA v. Brown et al, 0:23-cr-00160, No. 1016 (D.Minn. May. 22, 2024)

Motion for ReconsiderationDenied

In support of his Motion, Mr. Wright points to his acceptance into addiction treatment at Minnesota Teen Challenge, his own projections about how long it will be before his case gets to trial, his commitment to his family and community before he was arrested, and his good behavior in jail.

The parties agreed with the Court that a rebuttable presumption of detention applied because probable cause existed to believe that Mr. Wright had committed an offense for which a maximum term of imprisonment of ten years or more was prescribed by the Controlled Substances Act.

D. Mr. Wright’s Constitutional Claims Mr. Wright asserts that his continued pretrial detention violates the Sixth Amendment’s speedy trial provisions and the due process clause of the Fifth Amendment.

The Second Circuit has held that a non-exhaustive list of the factors used to analyze the question should include “not merely ... the total time the defendants have been in pretrial detention but also” how much of the delay the prosecution is responsible for and the strength of the evidence concerning risk of flight.

In Gonzales-Claudio, the Second Circuit found the prosecution had inexplicably failed to even apprise the defense of the existence of surveillance videotapes whose disclosure was required by the Federal Rules of Criminal Procedure.

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USA v. Morris et al

Docket 0:17-cr-00107, Minnesota District Court (Apr. 19, 2017)

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Judge Donovan W. Frank, presiding, Magistrate Judge Tony N. Leung

Division	DMN
Flags	CLOSED, INTERP
Petitioner	Debbie Bui
Petitioner	Myeongsuk Lee
Defendant	Michael Morris
...

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No. 219 ORDER sustaining in part and overruling in part 215 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION ...

Document USA v. SEALED, 0:23-cr-00156, No. 219 (D.Minn. Apr. 1, 2024)

Id. While the court found the link between Perna and his co-defendants “somewhat tenuous,” it nonetheless found joinder proper because one of the counts charging Perna was integrally related to another count against a co- defendant ...

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