Order for Transfer and Detention — Bryant Emerson Freeman — Case 2:23-mj-00198-SKV, Western District of Washington (Document 13)

Summary

An order for transfer and detention signed July 10, 2023 by John L. Weinberg, United States Magistrate Judge, and filed as Document 13 in United States v. Bryant Emerson Freeman, Case No. MJ23-198, in the U.S. District Court for the Western District of Washington at Seattle. Freeman is charged with violating the conditions of his supervised release in a case pending in the Middle District of Louisiana, and was arrested in Washington on that court's warrant. The order notes significant issues as to his competence, his incoherent behavior in court, and his discharge of two appointed counsel, with the case pending for over two months without progress. The court finds that he has not shown by clear and convincing evidence that conditions can assure his appearance, and orders him detained and transferred.

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“Order for Transfer and Detention — Bryant Emerson Freeman — Case 2:23-mj-00198-SKV, Western District of Washington (Document 13).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-2-23-mj-00198-dkt-13-w-d-wash-8ddd27bae5/, SHA-256 46f33ebd676dd58010190163a833ec8dc39c50f70fb3f3196e7ec95732f07226.

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Case 2:23-mj-00198-SKV Document13 Filed 07/10/23 Page 1 of 4

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

AT SEATTLE
UNITED STATES OF AMERICA, ) CASENO. MJ23-198
) (M.D. Louisiana 3:16CR00122-1,
Plaintiff, ) #:14CR00041—1 -SDD-EDW)
)
v. )
) ORDER FOR TRANSFER AND
) DETENTION |
BRYANT EMERSON FREEMAN, )
)
)
Defendant.

Defendant is charged with a violation of the conditions of his supervised release.

The case is pending in the US. District Court for the Middle District of Louisiana, in

Baton Rouge. He was arrested in this district on that court’s warrant, and has appeared

several times in this court on Rule 5 proceedings.

There are significant issues as to defendant’s competence. This is based in part

upen defendant’s incoherent behavior before this court. In addition, while the court has
successively appointed two different counsel for defendant, he has not cooperated with |

either, and has discharged both.

The case has been pending in this district for over two months, with essentially

ORDER FOR TRANSFER AND DETENTION
PAGE -1 |
01

Case 2:23-mj-00198-SKV Document13 Filed 07/10/23 Page 2 of 4

no progress toward a transfer to the court in Louisiana, or any other resolution. This
court therefore determined to hear, as best it could, the issues under defined by Rule 5,
and leave the other issues to the court in Louisiana.

At a hearing on this date, the United States presented a proffer sufficient to
establish that the defendant before the court is the same person as is charged as Bryant
Emerson Freeman in the Middle District of Louisiana. Therefore defendant should be
transferred to that district for further proceedings.

The information presented by that court, and by the U.S. Probation Office in this
district, overwhelmingly established that defendant should be transferred in the custody
of the U.S. Marshal, rather than being released on bond to make his own way.

Upon his appearance in Louisiana, that court if it sees fit will be able to address
the issue of defendant’s competence.

Defendant repeatedly stated in court that he did not know who he was, and had
not been provided any documentation of the pending charges. The United States
Attorney, the Probation Office stated no objection to defendant receiving copies of the

documents which had been provided to the court. This court so ordered.

ORDER OF TRANSFER

It is hereby ORDERED, that the further proceedings in this case shall be conducted in

the U.S. District Court for the Middle District of Louisiana. The Clerk of this court shall

ORDER FOR TRANSFER AND DETENTION
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01

Case 2:23-mj-00198-SKV Document13 Filed 07/10/23 Page 3 of 4

forthwith transmit to the Clerk in said district the records of proceedings conducted in this

diswict. The U.S. Marshal is directed to transport defendant as promptly as possible to that

district.

DETENTION HEARING

The court conducted a detention hearing, pursuant to 18 U.S.C. § 3142(f), on July 10, 2023.
Based upon the factual findings and statement of reasons for detention hereafter set forth, the
court finds that defendant has not met his burden of showing, by clear and convincing
evidence, that no condition or combination of conditions which defendant can meet will

reasonably assure defendant’s appearances as required in this case.

FINDINGS OF FACT AND STATEMENT OF REASONS FOR DETENTION

(1) When a defendant is arrested on charges that he has violated the conditions of his
supervised release, “... the burden of establishing by clear and convincing
evidence that the person will not flee or pose a danger to any other person or the
community rests with the person.” Federal Rules of Criminal Procedure, Rule
32.1(a)(6). Defendant has not met this heavy burden that he would make his
further court appearances as required, if he were released on conditions.

(2) The U.S. Probation Officer has specifically alleged in the petition that defendant has
failed to contact the USPO as directed.

(3) Defendant has a history of failures to comply with conditions of supervised release.

(4) There is also a pending warrant for defendant from the District of Oregon.

ORDER FOR TRANSFER AND DETENTION
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01

20 |

Case 2:23-mj-00198-SKV Document 13 Filed 07/10/23 Page 4 of 4

It is therefore ORDERED:

L. Defendant shall be detained pending trial and committed to the custody of the
Attomey General for confinement in a correction facility separate, to the extent practicable,
from persons awaiting or serving sentences or being held in custody pending appeal;

Pe Defendant shall be afforded reasonable apportunity for private consultation

with counsel;

3, On order of the United States or on request of an attorney for the Government, the

person in charge of the corrections facility in which defendant is confined shall deliver the
defendant to a United States Marshal for the purpose of an appearance in connection with a |

court proceeding;
4+. The Clerk shal) direct copies of this Order to counsel for the United States, to the

United States Marshal, to the U.S. Marshal for delivery to the defendant, and to the United

States Pretrial Services Officer.

DATED this 10" day of July, 2023.

John L. Weinberg/
United States Magistrate Judge

ORDER FOR TRANSFER AND DETENTION
PAGE -4

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