Order on Objection to Magistrate Judge's Order on Motion to Revoke Bail (D. Me., Dkt. 97)

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Order on Objection to Magistrate Judge's Order on Government's Motion to Revoke Bail and for Detention, filed June 6, 2022 as Document 97, Case 1:21-cr-00061-LEW, United States of America v. Nathan Reardon, District of Maine. The Order states that on April 21, 2022, the Magistrate Judge granted the Government's motion to revoke bail (ECF No. 85), finding clear and convincing evidence that Defendant violated the conditions of pretrial release by applying for Emergency Rental Assistance without prior approval of the supervising officer, and that Defendant is unlikely to abide by any condition or combination of conditions. Defendant objects, arguing that he is not a danger to the community. The Court concurs with the findings and affirms and adopts the Magistrate Judge's Order. It is signed /s/ Lance E. Walker, United States District Judge.

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Case 1:21-cr-00061-LEW Document 97 Filed 06/06/22 Page 1 of 2                 PageID #: 479




                          UNITED STATES DISTRICT COURT

                                  DISTRICT OF MAINE

UNITED STATES OF AMERICA                   )
                                           )
       v.                                  )      1:21-cr-00061-LEW
                                           )
NATHAN REARDON,                            )
                                           )
              Defendant                    )


      ORDER ON OBJECTION TO MAGISTRATE JUDGE’S ORDER ON
    GOVERNMENT’S MOTION TO REVOKE BAIL AND FOR DETENTION


       On April 21, 2022, the Magistrate Judge granted the Government’s motion to revoke

bail and committed Defendant Nathan Reardon to the custody of the Attorney General or

his designated representative for confinement in a corrections facility pending the trial in

this matter. Order on Mot. to Revoke Bail and for Detention (ECF No. 85). The findings

central to the Magistrate Judge’s Order, entered pursuant to 18 U.S.C. § 3148(b), are: (1)

that clear and convincing evidence exists that Defendant violated the conditions of his

pretrial release by applying for Emergency Rental Assistance without prior approval of the

supervising officer; and (2) that Defendant is unlikely to abide by any condition or

combination of conditions of release. These findings were sufficient to justify revocation

of release. See United States v. Quirion, 808 F. Supp. 2d 343, 346 (D. Me. 2011); United

States v. Minor, 204 Fed. App’x 453, 454 (5th Cir. 2006) (per curiam unpublished op.)

(“The statute clearly provides that these findings alone are sufficient to justify revocation

and detention; a court need not also find that the defendant will flee or pose a danger to the

community.”).
Case 1:21-cr-00061-LEW Document 97 Filed 06/06/22 Page 2 of 2                 PageID #: 480




         Defendant objects to the revocation of bail. He argues that he is not a danger to the

community and that he would abide by a condition of release “prohibiting any application

for state or federal relief while on release.” Objection to Mag. J. Decision (ECF No. 87).

The Government timely responded. Gov’t Opp’n (ECF No. 88). Defendant did not file a

reply.

         I have reviewed and considered the Magistrate Judge’s Order, together with the

entire record; I have made a de novo determination of all matters adjudicated by the

Magistrate Judge, as necessary in a proceeding under 18 U.S.C. § 3145(b); and I concur

with his findings for the reasons set forth in his Order and determine that no further

proceeding is necessary.

         It is therefore ORDERED that the Recommended Decision of the Magistrate Judge

is AFFIRMED and ADOPTED.

         SO ORDERED.

Dated this 6th day of June, 2022.

                                             /s/ Lance E. Walker
                                             UNITED STATES DISTRICT JUDGE




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