United States v. Riley, 18-mj-07206-JCB

322 F.Supp.3d 242

UNITED STATES of America

v.Cleon RILEY

18-mj-07206-JCB

United States District Court, D. Massachusetts.

Filed August 23, 2018

William F. Abely, II, U.S. Attorney's Office, Worcester, MA, for United States of America.

Jessica P. Thrall, Federal Public Defender Office, Boston, MA, for Cleon Riley.

ORDER

TIMOTHY S. HILLMAN, DISTRICT JUDGE

Defendant, Cleon Riley, is charged with being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). After a detention hearing on June 14, 2018, the magistrate judge ordered the Defendant be detained pending trial. This Court held a hearing on the Defendant's request for review of the magistrate judge's order for detention on August 15, 2018.

Generally, it is the government's burden to persuade the court that pretrial detention is warranted. United States v. Moss , 887 F.2d 333, 338 (1st Cir. 1989) If the court finds the existence of some risk, it should consider whether any condition or combination of conditions of release could act as a "reasonable guard" against the risk. United States v. Patriarca , 948 F.2d 789, 791 (1st Cir. 1991). If the court determines that "no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community" the court must detain the defendant pending trial. 18 U.S.C. § 3142(e). However, because the Defendant in this case is charged with a crime under § 3142(f)(1), a rebuttable presumption that pretrial detention is warranted exists. See id.

After careful consideration, the Court finds that the Defendant has not overcome his burden and orders that he be detained pending trial. In making this determination, the Court weighed the factors provided in 18 U.S.C. § 1342(g), as required.

The Defendant, who is 36 years old, has lived in Worcester, Massachusetts for the majority of his life.¹ He has significant ties to the Massachusetts community where majority of his family resides, including three out of his four children, all of whom he maintains contact with.² The Defendant is not married and both of his parents are deceased. The Defendant has been unemployed for approximately six months but states that he has the primary responsibility for taking his 14 year old son, who has a disability, to medical appointments. In the past Defendant has worked overnight shifts and part-time as a landscaper and painter. The mother of the Defendant's godson and nephew, has agreed to let him live with her in Worcester. The probation department has found this to be a suitable residence however, probation recommends detention.

The Defendant has been charged with unlawfully possessing a firearm in violation of 18 U.S.C. § 922(g). It is alleged that the Defendant sold a firearm to a cooperating source while under surveillance. Furthermore, at the time of his arrest, the Defendant was found with powder cocaine, crack cocaine, fentanyl and a large amount of cash on his person. Additionally, upon the search of an apartment believed to be used by the Defendant at the time of his arrest, scales, drug packaging items, 59 grams of cocaine, 25 grams fentanyl, and OxyContin...