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Home Source documents Court filing — No. 2:25-cr-00165 (Dkt. 52, S.D. W. Va.)

Court filing — No. 2:25-cr-00165 (Dkt. 52, S.D. W. Va.)

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    Case 2:25-cr-00165   Document 52   Filed 06/17/26     Page 1 of 10 PageID #: 253



                    IN THE UNITED STATES DISTRICT COURT
                FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
                               AT CHARLESTON

UNITED STATES OF AMERICA

v.                                                       CRIMINAL NO. 2:25-00165

RODERICK TYRONE BOYD

                   AMENDED MEMORANDUM OPINION AND ORDER1

        Pending before the court is defendant’s motion to revoke

the magistrate judge’s detention order.                 See ECF No. 22.     For

the reasons expressed below, that motion is DENIED.

                                   Background

        On September 26, 2025, Boyd was charged in a two-count

indictment with distribution of fentanyl and/or aiding and

abetting same, in violation of 21 U.S.C. § 841(a)(1).                   United

States Magistrate Judge Dwane L. Tinsley conducted a detention

hearing and, at the conclusion of that hearing, ordered

defendant detained pending trial.            See ECF No. 22-1 at 22; see

also Order of Detention Pending Trial (ECF No. 18).                   The

Magistrate Judge found that defendant had not rebutted the

presumption of detention.         See ECF No. 18 at 2. Magistrate Judge

Tinsley further found “by a preponderance of the evidence that

[Boyd] does pose a risk of non-appearance and [ ] by clear and


1 This Order is entered to correct an error in the first
paragraph of the Memorandum Opinion and Order entered on
February 19, 2026. See ECF No. 39. The earlier order states
that it was the government’s motion challenging the detention
decision below when, in fact, it was defendant’s motion.
 Case 2:25-cr-00165   Document 52   Filed 06/17/26   Page 2 of 10 PageID #: 254



convincing evidence that the defendant does pose a danger to

others in the community.”      ECF No. 22-1 at 22; see also ECF No.

18 at 3.

     In explaining his decision, Magistrate Judge Tinsley

stated:

          Well, the Court has considered the proffers and
     arguments of counsel. And more importantly, the Court
     has considered the factors pursuant to Title 18 United
     States Code Section 3142(g). And in looking at those
     factors, the Court makes the following findings: This
     defendant is charged in Count One of the indictment
     with aiding and abetting the distribution of a
     quantity of fentanyl, a Schedule II controlled
     substance; and distribution of fentanyl, a Schedule II
     controlled substance in Count Two. These offenses are
     10 year or more controlled substances offenses
     pursuant to statute.

          In looking at the history and characteristics of
     this defendant, the defendant is 30 years of age and
     was born in Dayton, Ohio. He has lived in the Dayton,
     Ohio area his entire life. He completed the 11th
     grade in high school and obtained a GED while
     incarcerated in the Ohio Division of Corrections.

          The defendant is currently unemployed, even
     though counsel indicates he may be able to go back to
     that job. But he does not appear to have any income or
     assets as reported in the Pretrial Services Report.

          He does not have any significant family ties or
     community ties to the Southern District of West
     Virginia.

          In reviewing his criminal history, his criminal
     history dates back to when he was 18 years of age. At
     age 18, he was found guilty of criminal trespass in
     Miamisburg, in Municipal Court in Miamisburg, Ohio, in
     2014. And drug abuse/less than 100 grams in Dayton


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     Municipal Court in Dayton, Ohio in 2014. Both of
     these convictions appear to be misdemeanors.

          The Court would note in addition to both of these
     charges in these cases, warrants were issued on three
     occasions for the defendant for failure to appear.
     And the defendant also has a history of several motor
     vehicle infractions in the Southern District of Ohio.

          At age 19, he was found guilty of burglary in
     Montgomery County Common Pleas Court in Dayton, Ohio,
     in 2015. This offense appears to be a felony offense.
      Also in 2014, at age 19, he was convicted of petty
     larceny in Moraine Mayors Court in Moraine, Ohio, and
     attempted domestic violence in Miamisburg Municipal
     Court in Miamisburg, Ohio. Both convictions appear to
     be misdemeanor offenses.

          In 2018, he was found guilty of failure to comply
     with order and/or signal of police officers, serious
     physical harm/substantial risk, in Montgomery County
     Common Pleas Court in Dayton, Ohio, which appears to
     be a felony. And in 2024, he was found guilty of
     reckless operation and speeding, which appear[] to be
     misdemeanor offenses in Butler County Area III Court
     in West Chester, Ohio.

          So the Court has considered all of those matters.
     The Court has also considered the proffers and
     arguments of counsel. And in so doing, the Court
     finds by a preponderance of the evidence that this
     defendant does pose a risk of non-appearance and finds
     by clear and convincing evidence that the defendant
     does pose a danger to others in the community.

          Therefore, no conditions or combination of
     conditions exist that would reasonably assure his
     release.

ECF No. 22-1 at 19-22.

     Thereafter, defendant filed a motion for revocation of the

magistrate judge's detention order, pursuant to 18 U.S.C. §


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3145(a).      He argues that “given his longstanding ties in Dayton,

Ohio, he could be released on bond to the third party custody of

his partner, Rhapsodi Oliver, return to his employment with

Dmax, and have his activities supervised by the United States

Probation Office for the Southern District of Ohio.”                  ECF No. 29

at 2.2     The government continues to argue for detention.

Defendant has since pled guilty to both counts of the

indictment.

                                       Analysis

        Pursuant to 18 U.S.C. § 3145(b), “[a] defendant ordered

detained by a magistrate may seek de novo review in the district

court.”      United States v. Clark, 865 F.2d 1433, 1436 (4th Cir.

1989).      “‘When the district court acts on a motion to revoke or

amend a magistrate judge’s pretrial detention order, the

district court acts de novo and must make an independent

determination of the proper pretrial detention or conditions of

release.’”       United States v. Terry, CRIMINAL ACTION NO. 5:24-cr-

00059, 2024 WL 3849772, at *1 (S.D.W. Va. Aug. 16, 2024) (Volk,

J.) (quoting United States v. Stewart, 19 F. App’x 46, 48 (4th

Cir. 2001) (per curium) (unpublished)).



2 The motion itself contains a typographical error listing the
wrong partner and the wrong location. See ECF No. 22 at 1
(asking for release to third-party custodian Chavon Green at
their residence in Huntington, West Virginia).
                                4
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     A defendant may be detained only if the government shows,

by clear and convincing evidence, that no release condition or

set of conditions will reasonably assure the safety of the

community and/or the government shows, by a preponderance of the

evidence, that no condition or combination of conditions will

reasonably assure the defendant's appearance.             18 U.S.C. §

3142(e), (f) and (g).      In certain cases, such as drug crimes

“for which a maximum term of imprisonment of ten years or more

is prescribed in the Controlled Substances Act” there is "a

rebuttable presumption arises that no condition or combination

of conditions will reasonably assure the safety of any other

person and the community ."         18 U.S.C. § 3142(e)(2) and

(f)(1)(C).

     "In a presumption case such as this, a defendant bears a

limited burden of production - not a burden of persuasion - to

rebut that presumption by coming forward with evidence that he

does not pose a danger to the community or a flight risk."

United States v. Mercedes, 254 F.3d 433, 436 (2d Cir. 2001).

"Once a defendant has met his burden of production relating to

these two factors, the presumption favoring detention does not

disappear entirely, but remains a factor to be considered among

those weighed by the district court."           Id.



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        In determining if release conditions exist that will

reasonably assure the appearance of a defendant at trial and the

safety of the community, the court considers the following: (1)

the nature and circumstances of the crime; (2) the weight of the

evidence against the defendant; (3) the history and

characteristics of the defendant, including mental condition,

family ties, employment, community ties, and past conduct; and

(4) the seriousness of the danger to the community or to an

individual.    18 U.S.C. § 3142(g).

        Defendant’s main argument in support of release is that the

magistrate judge erred in finding that he did not have

“significant family or other ties to the community.”              ECF No. 18

at 3.    According to defendant, Magistrate Judge Tinsley viewed

the term “community” too narrowly.         Relying on United States v.

Townsend, 897 F.2d 989 (9th Cir. 1990), defendant argues that

“community ties” embraces not only the community in which

charges are brought but also any community to which a defendant

has ties.    In this case, although defendant does not have ties

to the Southern District of West Virginia, defendant maintains

that he has shown that he has significant ties to Dayton, Ohio.

        The court having taken into account the entirety of the

evidence of record, the Pretrial Services Report, the arguments

of counsel (both oral and written), and the statutory

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presumption in favor of detention, FINDS by clear and convincing

evidence that defendant is a danger to the community and further

FINDS by a preponderance of the evidence that there is no

condition or combination of conditions that will reasonably

assure the safety of the community. Even if defendant has

rebutted the presumption based upon his community ties to the

Dayton, Ohio area,3 the § 3142(g) factors do not support

release.4

        Specifically, the court finds that the nature and

circumstances of the offense charged support defendant's

continued detention because he is charged with two serious drug

offenses carrying statutory maximum sentences of twenty (20)

years for each, for total sentencing exposure of forty (40)


3 The“‘presumption is not erased when a defendant proffers
evidence to rebut it; rather the presumption remains in the case
as an evidentiary finding militating against release, to be
weighed along with other evidence relevant to factors listed in
§ 3142(g).’” United States v. Uribe, Case No. 3:21-cr-2-4, 2021
WL 1143289, at *2 (W.D. Va. Mar. 25, 2021) (quoting United
States v. Hir, 517 F.3d 1081, 1086 (9th Cir. 2008)).
4A defendant’s lack of ties to the community where charges are
pending is still relevant to the court’s decision on release.
See United States v. Sanders, Criminal No. 19-354, 2021 WL
1627773, at *4 (W.D. Pa. Apr. 27, 2021) (“The court may consider
a defendant’s ties to the district in which the case is
pending.”); United States v. Villegas, No. 3:11-CR-28, 2011 WL
1135018, at *7 (E.D. Tenn. Mar. 25, 2011) (“[A]lthough the
defendant has ties with the community in which he lives in
California, the defendant has no ties with this District, and
the Court may consider this fact.”).

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years.   Significantly, the instant offenses were committed while

defendant was on release pending trial for drug charges in Lewis

County Circuit Court in Weston, West Virginia.            See 18 U.S.C. §

3142(g)(3)(B) (directing the court to consider “whether, at the

time of the current offense or arrest, the person was on

probation, on parole, or on other release pending trial,

sentencing, appeal,. . . .”).

     The weight of the evidence likewise weighs against

releasing defendant as he has pled guilty.           See Terry, 2024 WL

3849772, at *3 (“Second, respecting the weight of the evidence,

the same is obviously strong inasmuch as Mr. Terry has pled

guilty to the offense.”).

     Concerning the history and characteristics of the

defendant, the court finds that although certain aspects support

the defendant's release, i.e., he has significant ties to

Dayton, Ohio and a job if released, on the whole, his history

and characteristics support detention.          First, defendant has a

significant criminal history given his age.            The pretrial

services report lays out a lengthy list of crimes beginning at

age 18 and continuing to the present day. Notably, that criminal

history includes numerous instances of failure to appear.               While

defendant attempts to minimize those nonappearances due to his



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young age at the time, they are still significant indicators

that he presents a risk of nonappearance in this case.

       Defendant also argues that his relationship with Ms.

Oliver, his newborn daughter, and employment prospects weigh in

favor of release.     However, defendant’s involvement with Ms.

Oliver and his employment predated his commission of the

offenses in this case. His daughter was born in August of 2025,

but his crimes were committed in March and April of 2025.               The

court does not see how his relationships and employment would

deter defendant from further criminal activity when they did not

do so in the first place.      Furthermore, the court has serious

reservations about Ms. Oliver’s ability to serve as a third-

party custodian for defendant given that she is balancing

employment and a newborn.5

       As for the nature and seriousness of Boyd’s danger to the

community, the drug Boyd was distributing was fentanyl, an

extremely dangerous drug.      “Safety of the community is

implicated not only by violence, but also by narcotics

trafficking.”    Sanders, 2021 WL 1627773, at *6.           There are

frankly no conditions that could completely cut off defendant’s



5 Asthe court was preparing to file this order, counsel for
defendant provided a letter from Ms. Oliver to the court. The
court understands Ms. Oliver’s desire to have defendant released
and is sympathetic to the impact of defendant’s incarceration on
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ability to sell drugs.     As noted above, he committed these

crimes while on bond for other drug crimes. Furthermore, his

criminal history does include some crimes which have elements of

violence, including convictions for attempted domestic violence

and failure to comply with Order and/or Signal of Police Officer

(Serious Physical Harm/Substantial Risk).

     For all these reasons, the court hereby DENIES defendant’s

motion to revoke the detention order.

     The Clerk is directed to transmit a copy of this Memorandum

Opinion and Order to counsel of record, the United States

Marshal for the Southern District of West Virginia, and the

Probation Office of this court.

     It is SO ORDERED this 17th day of June, 2026.

                                         ENTER:


                                         David A. Faber
                                         Senior United States District Judge




his family. However, consideration of the 3142(g) factors still
weighs in favor of defendant’s detention pending trial.
                                10


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