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Home Court filings USA v. Foreman USA v. Foreman — Chandler Simbeck filings, U.S. District Court, D. Colo. Pleadings from Western District of Pennsylvania — USA v. Foreman (Dkt. 23.1)

Court filing

Pleadings from Western District of Pennsylvania — USA v. Foreman (Dkt. 23.1)

Filed October 28, 2021 in USA v. Foreman; one of 30 filings from this case.

Record facts

CourtU.S. District Court for the District of Colorado
Filed2021-10-28

U.S. District Court for the District of Colorado · No. 2:21-mj-01903-LPL · Doc. 3 · 2021-10-28 · Docket on CourtListener

Full text

IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF PENNSYLVANIA 
 
 
 
UNITED STATES OF AMERICA 
 
Magistrate Number 21-1903 
 
 
 
v. 
 
 
 
CHANDLER SIMBECK 
 
 
 
REQUEST FOR DETENTION 
 
 
AND NOW comes the United States of America, by its attorneys, Stephen R. 
Kaufman, Acting United States Attorney for the Western District of Pennsylvania, and Mark V. 
Gurzo, Assistant United States Attorney for said District, and, pursuant to 18 U.S.C. §§ 3142(e) 
and (f), hereby requests detention of the above-named defendant, and sets forth the following 
material factors in support thereof: 
 
☒ 
1. 
That no condition or combination of conditions will reasonably assure 
the appearance of defendant as required and the safety of any other 
person and the community because: 
 
 
☒ 
a. 
Defendant is a danger to any other person or the community, 
and/or; 
 
 
☒ 
b. 
Defendant is a flight risk. 
 
☐ 
2. 
That the government is entitled to a detention hearing based upon the 
following: 
 
 
☐ 
a. 
Defendant is charged with a crime of violence as defined in 18 
U.S.C. § 3156; or 
 
 
☐ 
b. 
Defendant is charged with an offense for which the maximum 
sentence is life imprisonment or death; or 
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☐ 
c. 
Defendant is charged with an offense for which a maximum term 
of imprisonment of 10 years or more is prescribed in the 
Controlled Substances Act (21 U.S.C. § 801 et seq.), the 
Controlled Substances Import and Export Act (21 U.S.C. § 951 et 
seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. 
App. § 1901 et seq.); or 
 
 
☐ 
d. 
Defendant is presently charged with a felony and has been 
convicted of two or more offenses described in subparagraph a-c 
above, or two or more State or local offenses that would have been 
offenses described in subparagraphs a-c above if a circumstance 
giving rise to Federal jurisdiction had existed, or a combination of 
such offenses; or 
 
 
☐ 
e. 
Defendant is charged with a felony which is not a crime of 
violence, but which involves:  a minor victim, possession or use 
of a firearm or destructive device (as those terms are defined in 18 
U.S.C. § 921) or any other dangerous weapon, or the failure to 
register under 18 U.S.C. § 2250 (as required by the Sex Offender 
Registration and Notification Act); or 
 
 
☒ 
f. 
That a serious risk exists that defendant will flee; or 
 
 
☐ 
g. 
That a serious risk exists that defendant will obstruct or attempt to 
obstruct justice, or threaten, injure, or intimidate, or attempt to 
threaten, injure, or intimidate, a prospective witness or juror. 
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☐ 
3. 
That a rebuttable presumption arises that no condition or combination 
of conditions will reasonably assure the safety of any other person and 
the community, in that the present case involves an offense described in 
paragraphs 2a-2e above and: 
 
 
☐ 
a. 
Defendant has been convicted of a Federal offense described in 
subsection 2a-2e above, or of a State or local offense that would 
have been an offense described in subsection 2a-2e above if a 
circumstance giving rise to Federal jurisdiction had existed; and 
 
 
☐ 
b. 
The offense described in paragraph 3a above was committed while 
defendant was on release pending trial for a Federal, State or local 
offense; and 
 
 
☐ 
c. 
A period of not more than five years has elapsed since the date of 
defendant's conviction or release from imprisonment for the 
offense described in paragraph 3a, whichever is later. 
 
☐ 
4. 
That a rebuttable presumption arises that no condition or combination 
of conditions will reasonably assure the appearance of defendant as 
required and the safety of the community, in that there is probable cause 
to believe that: 
 
 
☐ 
a. 
Defendant committed an offense for which a maximum term of 
imprisonment of ten years or more is prescribed in the Controlled 
Substances Act (21 U.S.C. § 801 et seq.), the Controlled 
Substances Import and Export Act (21 U.S.C. § 951 et seq.), the 
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Maritime Drug Law Enforcement Act (46 U.S.C. App. § 1901 et 
seq.);or 
 
 
☐ 
b. 
Defendant committed an offense under 18 U.S.C. §§ 924(c), 
956(a), or 2332b, or an offense involving a minor victim under 
Sections 
1201, 1591, 2241, 2242, 2244(a)(1), 2245, 2251, 
2251A, 
2252(a)(1), 
2252(a)(2), 
2252(a)(3), 
2252A(a)(1), 
2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260, 2421, 2422, 2423, 
or 2425 of Title 18. 
 
☐ 
5. 
A Continuance of    
 day(s) is requested for the detention 
hearing based upon the following reasons: 
 
 
 
 
 
☐ 
6. 
Good cause for a continuance in excess of three days exists in that: 
 
 
 
 
 
Respectfully submitted, 
 
STEPHEN R. KAUFMAN 
Acting United States Attorney 
 
 
 
 
By:   
s/Mark V. Gurzo 
MARK V. GURZO 
Assistant U.S. Attorney 
MD ID No. 20794 
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IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF PENNSYLVANIA 
 
UNITED STATES OF AMERICA, 
 
v. 
 
CHANDLER SIMBECK 
) 
) 
) 
) 
) 
 
Criminal No. 2:21-mj-01903 
 
 
 
 
 
DETENTION HEARING 
Before Magistrate Judge Lisa Pupo Lenihan 
 
PARTY 
 
COUNSEL 
 
USA 
 
 
Mark Gurzo 
 
Chandler Simbeck 
 
 
Christopher Brown 
 
 
Date:        September 24, 2021 at 3:45 PM 
    
Court Reporter:      
 Recorded 
 
 
Clerk:  
 
Michael Banas  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
The Defendant agrees to proceed via video for this hearing.  Conditions of release have 
been agreed to by both the Defendant and the government. The conditions of release are outlined 
in open Court.  The Defendant agrees to the conditions as well as an unsecured $10,000 bond. 
The Defendant is sworn to both the conditions of release and the bond.  The Defendant is ordered 
released pursuant to the agreed conditions.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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  1. Order to Appear in the District of Colorado — USA v. Foreman (Dkt. 25, D. Colo.)same docket · 2021-11-04
  2. Rule 5(c)(3) Documents Received as to Chandler Simbeck — USA v. Foreman (Dkt. 23, D. Colo.)same docket · 2021-10-28
  3. Discovery Conference Memorandum — USA v. Foreman (Dkt. 29, D. Colo.)same docket · 2021-11-18
  4. Order Granting 19 Motion to Disclose Grand Jury Material as to Russell Foreman — USA v. Foreman (Dkt. 20, D. Colo.)same docket · 2021-08-27
  5. Entry of Appearancesame docket · 2021-11-19
  6. Proposed Order (PDF Only) — USA v. Foreman (Dkt. 19.1)same docket · 2021-08-27
  7. Unopposed Motion to Exclude 180 Days from Speedy Trial Calculation by Chandler Simbeck — USA v. Foreman (Dkt. 32, D. Colo.)same docket · 2021-12-07
  8. Motion to Disclose Grand Jury Material to Defendant by USA as to Russell Foreman — USA v. Foreman (Dkt. 19, D. Colo.)same docket · 2021-08-27
  9. Pretrial Release Warrant Issued as to Chandler Simbeck — USA v. Foreman (Dkt. 36, D. Colo.)same case · 2021-12-07
  10. ORDER Granting 17 Defendant's Unopposed Motion to Exclude 180 Days from the Requirements of… — USA v. Foreman (Dkt. 18)same case · 2021-07-02
  11. ORDER Granting Defendant's Unopposed Motion to Exclude 180 Days from the Requirements of the… — USA v. Foreman (Dkt. 38)same case · 2021-12-13
  12. ORDER Setting Trial Dates and Deadlines as to Russell Foreman, Chandler Simbeck.… — USA v. Foreman (Dkt. 15)same case · 2021-06-02
  13. Motion to Withdraw as Attorney of Recordsame case · 2022-03-04
  14. Criminal Information Sheet — USA v. Foreman (Dkt. 1.2)same case · 2021-05-18
  15. Entry of Appearancesame case · 2022-08-10
  16. Criminal Information Sheet — USA v. Foreman (Dkt. 1.1)same case · 2021-05-18
  17. Petition for Warrant on Defendant on Pretrial Release — Chandler Simbeck — United States v. Russell Foreman and Chandler Simbeck (D. Colo.)same docket · 2021-12-07
  18. Indictment — United States v. Russell Foreman and Chandler Simbeck (D. Colo.)same docket · 2021-05-18
  19. Courtroom Minutes — Status Conference — Chandler Simbeck Declared a Fugitive — United States v. Russell Foreman and Chandler Simbeck (D. Colo.)same docket · 2022-03-04
  20. Arrest Warrantsame docket · 2021-05-18

Part of: USA v. Foreman · U.S. District Court for the District of Colorado · Other pandemic litigation · Criminal prosecutions · Pleas and sentencing · 2021 · Court filings

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