Order Denying Bond Reinstatement — United States v. Gianni Stewart

Record facts

U.S. District Court, E.D.N.Y. · No. 1:21-cr-00411-WFK · Doc. 199 · 2023-09-19 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK 
---------------------------------------------------------------X 
 
 
 
 
 
 
 
: 
UNITED STATES OF AMERICA,  
 
: 
 
 
 
 
 
 
 
: 
 
 
 
 
 
 
 
: 
ORDER 
  v.  
 
 
 
 
 
: 
21-CR-411 (WFK) 
 
 
 
 
 
 
 
: 
GIANNI STEWART,  
 
 
 
: 
 
 
 
 
 
 
 
: 
 
 
 
Defendant. 
 
 
: 
---------------------------------------------------------------X 
WILLIAM F. KUNTZ, II, United States District Judge: 
On August 2, 2023, the Court held a bond revocation hearing in the above-captioned 
action in response to Pretrial Services’ Memorandum at ECF No. 181, informing the Court 
Defendant had violated the conditions of his release.  At the proceeding, upon hearing from both 
parties, the Court revoked Defendant’s bond and remanded him into the custody of the United 
States Marshals Service (“USMS”).  ECF Nos. 192, 193. 
On September 18, 2023, defense counsel filed a motion to reinstate Defendant’s bond.  
ECF No. 197. 
On September 19, 2023, Magistrate Judge Cheryl L. Pollak held a bond revocation 
hearing and subsequently denied Defendant’s renewed application.  ECF No. 198 (a copy of the 
minute entry from this proceeding is attached to this Order as Court Exhibit 1 in evidence).  
Defense counsel promptly appealed Magistrate Judge Pollak’s Order and requested this Court 
review Defendant’s renewed application.  This Court granted defense counsel’s request and held 
a bond reinstatement hearing that same day. 
In light of the parties’ presentations at the bond reinstatement hearing, the Court 
concludes Defendant poses a danger to the community and is a flight risk, and no combination of 
Case 1:21-cr-00411-WFK   Document 199   Filed 09/19/23   Page 1 of 3 PageID #: 797

conditions can reasonably assure Defendant’s presence at future court proceedings.  
Accordingly, defense counsel’s motion to reinstate Defendant’s bond is DENIED and Magistrate 
Judge Pollak’s decision is affirmed.   
The Court further DIRECTS defense counsel to renew his bond application before 
Magistrate Judge Pollak in accordance with her Minute Entry and Order at ECF No. 198 in order 
to clarify: (1) the higher amount for the bond; (2) the number of sureties; and (3) the terms and 
conditions for the electronic monitoring the Magistrate Judge would require in order to 
reconsider her position with respect to Defendant’s bond application. 
Defendant will remain detained pending trial or another final disposition of this action. 
SO ORDERED. 
_______________________________ 
HON. WILLIAM F. KUNTZ, II 
UNITED STATES DISTRICT JUDGE 
Dated: September 19, 2023 
Brooklyn, New York 
s/WFK
Case 1:21-cr-00411-WFK   Document 199   Filed 09/19/23   Page 2 of 3 PageID #: 798

1:21-cr-00411-WFK-CLP, ECF No. 198    
 
COURT EXHIBIT 1
Case 1:21-cr-00411-WFK   Document 199   Filed 09/19/23   Page 3 of 3 PageID #: 799

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