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Amended Order Regarding Detention Placement — No. 0:21-cr-00169 (Dkt. 49, D. Minn.)

Summary

An amended order regarding detention placement, filed June 8, 2022 as Doc. 49 in United States v. Harold Bennie Kaeding, Criminal No. 21-169 (ECT/HB), in the U.S. District Court for the District of Minnesota, signed by Hildy Bowbeer. After status conferences on June 1, 2022 and June 3, 2022 about Kaeding's pretrial detention at Sherburne County Jail and his medical conditions, the court orders the United States Marshal Service and the Bureau of Prisons to assess the feasibility of placing him in a BOP medical facility. The order recites that a grand jury charged him on August 4, 2021 with wire fraud and money laundering over COVID-19 relief loan applications, and that the January 11, 2022 Order of Detention otherwise remains in force.

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Cite this document

“Amended Order Regarding Detention Placement — No. 0:21-cr-00169 (Dkt. 49, D. Minn.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/amended-order-regarding-detention-placement-no-0-21-cr-00169-dkt-49-d-d9fbccab56/, SHA-256 05805af5888b705f51a1b21161b23420f4c9003cf8f8b050e9232dffd7fdc29d.

Full text

            CASE 0:21-cr-00169-ECT-JFD Doc. 49 Filed 06/08/22 Page 1 of 3




                        UNITED STATES DISTRICT COURT
                           DISTRICT OF MINNESOTA
                          Criminal No. 21-169 (ECT/HB)

 UNITED STATES OF AMERICA,

                       Plaintiff,
                                                    AMENDED ORDER REGARDING
        v.                                          DETENTION PLACEMENT

 HAROLD BENNIE KAEDING,

                       Defendant.

       This matter came before the Court for status conferences on June 1, 2022, and June

3, 2022, to discuss the interplay of Defendant Harold Bennie Kaeding’s pretrial detention

at Sherburne County Jail (SCJ) and the treatment of his related medical conditions. Based

on the current record, the Court orders the United States Marshal Service and the Bureau

of Prisons to take all available action to assess the feasibility of placing Kaeding in a BOP

medical facility for the duration of his pretrial detention or until it is medically determined

that such level of care is no longer needed.

                                     BACKGROUND

       1.       On August 4, 2021, a grand jury charged Kaeding with wire fraud and money

laundering for allegedly applying for numerous COVID-19 relief loans he was not entitled

to receive. (Dkt 1.)

       2.       On January 8, 2022, the Court ordered Kaeding detained pending trial

because he posed a significant risk of nonappearance. (Dkts. 23, 28.) As detailed in the

Court’s detention order, Kaeding required involuntary deportation from Colombia to face
             CASE 0:21-cr-00169-ECT-JFD Doc. 49 Filed 06/08/22 Page 2 of 3




the charges in this matter. (Dkt. 28 at ¶¶ 4-9.) Kaeding has been detained at SCJ since that

time.

        3.       At the June 1 and June 3, 2022 status conferences, defense counsel advised

that SCJ has sent Kaeding to area hospitals on numerous occasions to receive medical

treatment. Although Kaeding has been discharged back to SCJ, defense counsel advised

that—according to SCJ—Kaeding’s current medical requirements are straining the medical

resources at SCJ.

        4.       The government indicated its desire to ensure that Kaeding’s medical needs

are fully and adequately addressed. The government is concerned, however, that SCJ also

has indicated Kaeding’s unwillingness to cooperate with his own medical care and

treatment. Accordingly, the government is concerned that Kaeding is malingering to

secure his release from pretrial detention.

        5.       The Government represented that it may be possible for Kaeding to be placed

at a facility operated by the Bureau of Prisons which would have greater capacity than SCJ

to simultaneously provide for Kaeding’s medical needs while facilitating his pretrial

detention, but that a court order would be needed before such placement could be fully

explored.

                                           ORDER

        6.       The United States Marshal Service must take all possible action as quickly

as possible to explore options for Defendant Harold Bennie Kaeding’s placement at a

suitable facility operated by the Bureau of Prisons.



                                               2
            CASE 0:21-cr-00169-ECT-JFD Doc. 49 Filed 06/08/22 Page 3 of 3




       7.       The Bureau of Prisons is requested to take all possible action as quickly as

possible to identify a suitable facility that can provide for Kaeding’s medical needs while

ensuring his continued pretrial detention.

       8.       The United States Marshal Service shall promptly update the Assistant US

Attorney on this case of any developments, and the Assistant US Attorney shall promptly

update the Court and defense counsel as to such developments. For the avoidance of doubt,

if a potentially suitable facility is identified, Kaeding shall not be moved to such facility

without giving Kaeding, through counsel, an opportunity to be heard.

       9.       All other provisions of the Court’s January 11, 2022 Order of Detention

remain in full force and effect.



Dated: June 8, 2022                          s/Hildy Bowbeer
                                             HILDY BOWBEER
                                             United States Magistrate Judge




                                               3

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