Court filing
Northern District of Georgia Arrest, Waiver, and Detention Packet — United States v. Bernard Okojie
Summary
An arrest, waiver and detention packet filed November 9, 2023 as Document 131 in United States v. Bernard Okojie, Case No. 4:22-cr-00084-LGW-BWC. It reproduces the criminal docket for magistrate case 1:23-mj-00947-RDC in the U.S. District Court for the Northern District of Georgia, opened and terminated on November 7, 2023 before Magistrate Judge Regina D. Cannon, with the documents filed that day. These include criminal minutes for an initial appearance in Rule 5(c)(3) proceedings, an AO 466A waiver of Rule 5 and 5.1 hearings, an order appointing the Federal Defender Program, the government's brief supporting a petition to revoke conditional release under 18 U.S.C. § 3148(b), an order of detention, and a commitment to another district. The minutes record that the identity hearing was waived, detention was ordered and the defendant was committed to the Southern District of Georgia.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
No. 4:22-cr-00084-LGW-BWC · Doc. 131 · Docket on CourtListener
Full text
Case 4:22-cr-00084-LGW-BWC Document 131 Filed 11/09/23 Page 1 of 11
CLOSED
U.S. District Court
Northern District of Georgia (Atlanta)
CRIMINAL DOCKET FOR CASE #: 1:23−mj−00947−RDC All Defendants
Case title: USA v. Okojie Date Filed: 11/07/2023
Other court case number: 4:22−cr−84−001 USDC Southern Date Terminated: 11/07/2023
District of GA (Savannah)
Assigned to: Magistrate Judge
Regina D Cannon
Defendant (1)
Bernard Okojie represented by Alejandro Benito Fernandez
TERMINATED: 11/07/2023 Federal Defender Program, Inc.
101 Marietta Street NW
Ste 1500
Atlanta, GA 30303
404−688−7530
Email: alejandro_fernandez@fd.org
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Public Defender or Community
Defender Appointment
Pending Counts Disposition
None
Highest Offense Level
(Opening)
None
Terminated Counts Disposition
None
Highest Offense Level
(Terminated)
None
Complaints Disposition
18:3148
Case 4:22-cr-00084-LGW-BWC Document 131 Filed 11/09/23 Page 2 of 11
Plaintiff
USA represented by Jamil A Favors
United States Attorneys Office
Criminal
75 Ted Turner Drive SW, Suite 600
Atlanta, GA 30303
404−581−6079
Email: jamil.favors@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Date Filed # Page Docket Text
11/07/2023 Arrest (Rule 40) of Bernard Okojie (rlh) (Entered: 11/09/2023)
11/07/2023 1 Minute Entry for proceedings held before Magistrate Judge Regina D Cannon:
Initial Appearance in Rule 5(c)(3) Proceedings as to Bernard Okojie held on
11/7/2023. Defendant waives identity hearing, waiver filed. Commitment issued.
Government motion for detention filed. Detention hearing held, government's
motion granted, pretrial detention ordered, written order to follow. (Attachments:
# 1 Violation Report) (Tape #FTR) (rlh) (Entered: 11/09/2023)
11/07/2023 2 WAIVER of Rule 5 & 5.1 Hearings by Bernard Okojie (rlh) (Entered:
11/09/2023)
11/07/2023 3 ORDER APPOINTING FEDERAL PUBLIC DEFENDER Alejandro Fernandez
as to Bernard Okojie. Signed by Magistrate Judge Regina D Cannon on 11/7/23.
(rlh) (Entered: 11/09/2023)
11/07/2023 4 Government's Brief in Support of Petition to Revoke Conditional Release by
USA as to Bernard Okojie. (rlh) (Entered: 11/09/2023)
11/07/2023 5 ORDER of Detention Pending Trial re 4 Government's Brief in Support of
Petition to Revoke Conditional Release as to Bernard Okojie (1). Signed by
Magistrate Judge Regina D Cannon on 11/7/23. (rlh) Modified on 11/9/2023 to
change file date (rlh). (Entered: 11/09/2023)
11/07/2023 6 COMMITMENT TO ANOTHER DISTRICT as to Bernard Okojie. Defendant
committed to District of Southern District of Georgia Savannah Division. Signed
by Magistrate Judge Regina D Cannon on 11/7/23. (rlh) (Entered: 11/09/2023)
11/07/2023 Magistrate Case Closed. Defendant Bernard Okojie terminated. (rlh) (Entered:
11/09/2023)
Case Case
4:22-cr-00084-LGW-BWC
1:23-mj-00947-RDC Document
Document 1131FiledFiled
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11/09/23
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MAGISTRATE'S CRIMINAL MINUTES -REMOVALS (Rule 5 & 5.1) FILED IN OPEN COURT
DATE: 11/07/2023 @ 1:00 p.m.
TAPE: FTR
------
TIME IN COURT: 19 mins
---------
MAG IS T RATE JUDGE REGINA D. CANNON COURTROOM DEPUTY CLERK: Phyllis Brannon
CASE NUMBER: 1:23-mj-00947-RDC DEFENDANT'S NAME: Bernard Okojie
AUSA: Jamil Favors DEFENDANT'S ATTY: Alejandro Fernandez
------------ □Retained OcJA IIIFDP Owaived
USPO / PTR: Whitson
ARREST DATE
X Initial appearance hearing held. X Defendant informed of rights.
Interpreter sworn :
----------
COUNSEL
X ORDER appointing Federal Defender as counsel for defendant.
ORDER appointing as counsel for defendant.
ORDER: defendant to pay attorney's fees as follows:
IDENTITY/ PRELIMINARY HEARING
X Defendant WAIVES identity hearing. X WAIVER FILED
Identity hearing HELD. Def is named def. in indictmenUcomplaint; held for removal to other district.
Defendant WAIVES preliminary hearing in this district only. WAIVER FILED
Preliminary hearing HELD. Probable cause found; def. held to District Court for removal to other district
X Commitment issued.
BOND/PRETRIAL DETENTION HEARING
X Government motion for detention filed .
- - - - - - - - @ - - - -- -
Pretrial hearing set for @ _ _ _ __ o_ In charging district.)
X Bond/Pretrial detention hearing held.
X Government motion for detention I ✓ !GRANTED □DENIED
X Pretrial detention ordered. X Written order to follow.
BOND set at NON-SURETY SURETY
cash property corporate surety ONLY
SPECIAL CONDITIONS:
Bond filed. Defendant released .
Bond not executed. Defendant to remain in Marshal's custody.
Motion verbal) to reduce/revoke bond filed.
Motion to reduce/revoke bond GRANTED DENIED
See page 2
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AO 466A (Rev. 07/16) Waiver of Rule 5 & 5.1 Hearings (Complaint or indictment)
U.S.D.C . -Atla nta
UNITED STATES DISTRICT COURT
for the
NUV - l tUl3
Northern District of Georgia
Ki v/:N~ ER, Clerk
Unjted States of America ) Ya-) Deputy Clert
V.
) Case No. 1:23-mj-00947-RDC
)
Bernard Okojie )
) Charging District' s Case No. 4:22-cr-00084-001
Defendant )
WAIVER OF RULE 5 & 5.1 HEARINGS
(Complaint or Indictment)
l understand that I have been charged in another district, the (name ofother court) Southern District of Georgia
I have been informed of the charges and of my rights to:
(1) retain counsel or request the assignment of counsel if I am unable to retain counsel;
(2) an identity hearing to determine whether I am the person named in the charges;
(3) production of the warrant, a certified copy of the warrant, or a reliable electronic copy of either;
(4) a preliminary hearing to determine whether there is probable cause to believe that an offense has been
committed, to be held within 14 days of my first appearance if I am in custody and 21 days otherwise,
unless I have been indicted beforehand.
(5) a hearing on any motion by the government for detention;
(6) request a transfer of the proceedings to this district under Fed. R. Crim. P. 20, to plead guilty.
I agree to waive my right(s) to:
d an identity hearing and production of the warrant.
0 a preliminary hearing.
0 a detention hearing.
o an identity hearing, production of the warrant, and any preliminary or detention hearing to which I may
be entitled in this district. I request that any preliminary or detention hearing be held in the prosecuting
district, at a time set by that court.
I consent to the issuance of aFJ order requiring my appearance in the prosecuting district where the charges are
pending against me.
Date:
J Printed name of def endant 's attorney
Case Case
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FILED INOPEN COURT
U.S.D.C . -Atlanta
UNITED STATES DISTRICT COURT
NOV - 7 tUL:i
NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION KEVI~ , Clerk
By (J\.__:)uty Cler!(
UNITED STATES OF AMERICA,
Plaintiff,
vs. CASE NO. 1:23-mj-00947-RDC
BERNARD OKOJIE,
Defendant.
ORDER APPOINTING COUNSEL
ALEJANDRO FERNANDEZ
The above-named defendant has testified under oath or has filed with the Court
an affidavit of financial status and hereby satisfied this Court that he or she is financially
unable to employ counsel.
Accordingly, the FEDERAL DEFENDER PROGRAM, INC., is hereby appointed
to represent this defendant in the above-captioned case unless relieved by an Order of
this Court or by Order of the Court of Appeals.
Dated at Atlanta, Georgia this 7th day of November, 2023 .
~~ -
UNITED STATES MAGISTRATE JUDGE
Case Case
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1:23-mj-00947-RDC Document
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FILED IN OPEN COURT
,... -: ?' . ~ . ·t"'; .lff--:'.,~ U.S.D.C. - Atlanta
·y 'iINTHE'UNITEIJ'STATES DISTRICT COURT
· :PORTHENORTHERN DISTRICT OF GEORGIA NOV - 7 tU!'.:i
. ATLANTA DIVISION
KEVl ~ R, Clerk
By : c J C J.puty Clerk
UNITED STATES"OF'AMERICA
Criminal Action No.
V.
1:;i1-M -lf47
Governme11~s· Brief "in·Support of_ PeHtjon to Revoke Conditional Release
~ ,, ' ' ...
The United S1#,tes-of America; by ·counsel,'J:~yan·~- Buchanan, United States
Attorney, and Gr~go:ry El-Radias/ A.ss!5tant Unite~ States Attorney for the Northern
District of Georgia✓s-files . this:lrriefinsupportofthe United States Probation Office's
Petition to Revo:f·i Conditional Release. . .. -
Defendant's conditional release1should be~evciked and Defendant should be
detained pendingfrttther,.proceed.mgs pursuant to 18 U.S.C. § 3148(b), because there is:
1) probable cause:t&believ:e thatth~ -D.efendant has committed a Federal, State or local
crime while on release,.or,dear:ancl,convincirig evidence that the Defendant has
violated any othet 'eondition.of,rel.ease;,and 2) .based on the factors set forth in 18 U.S.C.
§ 3142(g), there isRo,c.o odition or .corribination .o .ftohditions of release that will assure
that the Defendant will not flee orpnse a' danger to the safety of any other person or the
community, or tlre'.Defendant.is unlikely-to,abide'by·any condition or combination of
conditions of relea~e!':·:see 18:U:S.C.:!s3148(b).
Rebuttabl~ 'Presumptions.-and.Defendant Burdens (check all that apply)
□ The United Stat~ hereby-mvokes the rebut_table presumption under 18 U.S.C. §
3148(b) that no ebridition.of release or-1combination of conditions will assure that the
Defendant will ,ttot,pose.a-danger t.o .,the-safety of any other person or the
community, because ith.ere·is'Pr.obable cause to believe that, while on release, the
)Jefendant cormnitted:a Federal; '.State, or local felony.
IV The Defendant l:ie:ars the burden .of..pro:vi:f.).g by clear and convincing evidence that he
or she is not likely to'fleeor pose a danger to the safety of any other person or the
community if releasecl;, becaus.e the Defendant has already been found guilty and is
awaiting sentenril:tgor .execution of.a sentence. See 18 U.S.C. § 3143(a)(1).
Additional Information
::{be.:~•-· o.&'e-n~w)\."\ w~~ Wt\v~,)¼~ a~ ~ tt< c~) (,Vu>'\~\
Case Case
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• .• ,'1
·.\
Ii
Dated: Nov. ·7 ,2023
Respectfully submitted,
·, >
ey
75 Ted Turner-Drive S.W~,~:Suite 600 . , ,·
Atlanta, Georgia 30303-3309 E. RA.mes
Phone: (404) 581-6000 ' ' Assistant United States Attorney
Fax: (404) 581-6181 Ga. Bar No. 591724
Certificate of Service
The undersigned served tlris document today by handing a copy to defense counsel:
Nuv, / ,2023 :. A\eJo-r--~ ':rlc/\~ -z
. /s/ GREGORY E. RADICS
2
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AO 472 (Rev. 11 /16) Order ofDetention Pending Trial
FILED IN OPEN COURT
UNITED STATES DISTRICT COURT U.S.O.C. • Atlanta
for the
Northern District of Georgia
NOV - 7 2023
KEVIN ~ R, Clerk
United States of America By :- -cr:=.Jeputy Clerk
)
V. )
) Case No. 1 :23-mj-00947-RDC
Bernard Okojie
)
Defendant )
ORDER OF DETENTION PENDING TRIAL
Part I - Eligibility for Detention
Upon the /
-J Motion of the Government attorney pursuant to 18 U.S.C. § 3142(f)(l), or
0 Motion of the Government or Court's own motion pursuant to 18 U.S.C. § 3142(t)(2),
the Court held a detention hearing and found that detention is warranted. This order sets forth the Court' s findings of fact
and conclusions of law, as required by 18 U.S.C. § 3142(i), in addition to any other findings made at the hearing.
Part II - Findings of Fact and Law as to Presumptions under§ 3142(e)
0 A. Rebuttable Presumption Arises Under 18 U.S.C. § 3142(e)(2) (previous violator) : There is a rebuttable
presumption that no conqition or combination of conditions will reasonably assure the safety of any other person
and the community because the following conditions have been met:
0 (1) the defendant is charged with one of the following crimes described in 18 U.S.C. § 3142(f)(l ):
O(a) a crime of violence, a violation of 18 U.S.C. § 1591, or an offense listed in 18 U.S.C.
§ 2332b(g)(5)(B) for which a maximum term of imprisonment of 10 years or more is prescribed; or
0 (b) an offense for which the maximum sentence is life imprisonment or death; or
0 (c) 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. §§ 801-904), the Controlled Substances Import and Export Act
(21 U.S.C. §§ 951-971), or Chapter 705 of Title 46, U.S.C. (46 U.S.C. §§ 70501-70508); or
0 ( d) any felony if such person has been convicted of two or more offenses described in sub paragraphs
(a) through (c) of this paragraph, or two or more State or local offenses that would have been offenses
described in subparagraphs (a) through (c) of this paragraph if a circumstance giving rise to Federal
jurisdiction had existed, or a combination of such offenses; or
O(e) any felony that is not otherwise a crime of violence but involves:
(i) a minor victim ; (ii) the possession ofa firearm or destructive device (as defined in 18 U.S.C. § 921 );
(iii) any other dangerous weapon; or (iv) a failure to register under 18 U.S.C. § 2250; and
0 (2) the defendant has previously been convicted of a Federal offense that is described in 18 U.S.C.
§ 3 l 42(f)( 1), or of a State-or local offense that would have been such an offense if a circumstance giving rise
to Federal jurisdiction had existed; and
0 (3) the offense described in paragraph (2) above for which the defendant has been convicted was
committed while the defendant was on release pending trial for a Federal, State, or local offense; and
0 (4) a period of not more than five years has elapsed since the date of conviction, or the release of the
defendant from imprisonment, for the offense described in paragraph (2) above, whichever is later.
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AO 472 (Rev. 11 /16) Order of Detention Pending Trial'
0 B. Rebuttable Presumption Arises Under 18 U.S.C. § 3142(e)(3) (narcotics, jirearm, other offenses) : There is a
rebuttable presumption that no condition or combination of conditions will reasonably assure the appearance of the
defendant as required and the safety of the community because there is probable cause to believe that the defendant
committed one or more of the following offenses:
0 (1) 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. §§ 801-904), the Controlled Substances Import and Export Act (21
U.S.C. §§ 951-971), or Chapter 705 of Title 46, U.S.C. (46 U.S.C. §§ 70501-70508);
0 (2) an offense under 18 U.S.C. §§ 924(c), 956(a), or 2332b;
0 (3) an offense listed in 18 U.S.C. § 2332b(g)(5)(B) for which a maximum term of imprisonment of 10 years
or more is prescribed;
0 (4) an offense under Chapter 77 of Title 18, U.S.C. (18 U.S.C. §§ 1581-1597) for which a maximum term of
imprisonment of 20 years or more is prescribed; or
0 (5) an offense involving a minor victim under 18 U.S.C. §§ 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, or2425.
0 C. Conclusions Regarding Applicability of Any Presumption Established Above
0 The defendant has not introduced sufficient evidence to rebut the presumption above, and detention is
ordered on that basis. (Part fl! need not be completed )
OR
0 The defendant has presented evidence sufficient to rebut the presumption, but after considering the
presumption and the other factors discussed below, detention is warranted.
Part III - Analysis and Statement of the Reasons for Detention
After considering the factors set forth in 18 U.S.C. § 3142(g) and the information presented at the detention hearing,
the Court concludes that the defendant must be detained pending trial because the Government has proven:
0 By clear and convincing evidence that no condition or combination of conditions of release will reasonably assure
th/ fety of any other person and the community.
·tv6ya preponderance of evidence that no 'condition or combination of conditions of release will reasonably assure
the defendant's appearance as required.
In addition to any findings made on the record at the hearing, the reasons for detention include the following:
0 Weight of evidence against the defendant is strong
0 Subject to lengthy period of incarceration if convicted
0 Prior criminal history
0 Participation in criminal activity while on probation, parole, or supervision
0 History of violence or use of weapons
0 History of alcohol or substance abuse
0 Lack of stable employment
0 Lack of stable residence ' 1•
0 Lack of financially responsible sureties
I.
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AO 472 (Rev. 11 /16) Order of Detention Pending Trial
0 Lack of signific~nt community or family ties to this district
0 Significant family or other ties outside the United States
0 Lack of legal status in the United States
0 Subject to removal or deportation after serving any period of incarceration
0 Prior failure to appear in court as ordered
0 Prior attempt(s) to evade law enforcement
0 Use of alias(es) or false documents
0 Background information unknown or unverified
0 Prior violations of probation, parole, or supervised release
OTHER REASONS OR FURTHER EXPLANATION:
~~µJ-ti;
~ · ~~~
~~~~- Ju/£btJ
Jlr ~~ AWr-'- f!Ard;D;f ~ .~
- c=/x
fvV ~' ~ -
Part N - Directions Regarding Detention
The defendant is remanded to the custody of the Attorney General or to the Attorney General ' s designated representative for
confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or being
held in custody pending appeal. The defendant must be afforded a reasonable opportunity for private consultation with
defense counsel. On order of a court of the United States or on request of an attorney for the Government, the person in
charge of the corrections facility must deliver the defendant to a Uni tates Marshal for the purpose of an appearance in
connection wit roceeding.
Date: lu~_l__J_<Z.~~~~
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FILED IN OPEN COURT
U.S.O.C. -Atlanta
~ AO 94 (Rev. 12/03) Commitment to Another District
UNITED STATES DISTRICT COURT KEV~
By ·
ER,Cler
Deputy Clerk
NORTHERN District of GEORGIA
UNITED STATES OF AMERICA COMMITMENT TO ANOTHER
V. DISTRICT
BERNARD OKOJIE
DOCKET NUMBER MAGISTRATE TIJDGE CASE NUMBER
District of Arrest District of Offense District of Arrest District of Offense
4:22CR00084-001 1:23-mj-00947-RDC
CHARGF-1\GAINST THf-DfFENDANT ARf.D1\SED UPON~
LJndictment l_J:nformation l___tomplaint LlJother (specify)
charging a violation of u.s.c. §
DISTRICT OF OFFENSE
Southern District of Georgia Savannah Division
DESCRIPTION OF CHARGES:
Petition for Action on Conditions of Pretrial Release
CURRENT BOND STATUS:
ail fixed at a~d conditions were not met
ovemment moved for detention and defendant detained after hearing in District of Arrest
ovemment moved for detention and defendant detained pending detention hearing in District of Offense
Other (specify)
one
Language:
DISTRICT OF
TO: THE UNITED STATES MARSHAL
You are hereby commanded to take custody of the above named defendant and to transport that
defendant with a certified copy of this commitment forthwith to the district of offense as specified above
and there deliver the defendant to the United St Marshal for that District or to some other officer
RETURN
This commitment was received and executed as follows:
DA TE COMMITMENT ORDER RECEIVED PLACE OF COMMITMENT DATE DEFENDANT COMMITTED
DATE UNITED STATES MAR SHAL (BY) DEPUTY MARSHAL
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