Motion of the United States for a Pretrial Detention Hearing — United States v. Desmond L. Washington

Summary

Motion of the United States for a pretrial detention hearing in United States v. Desmond L. Washington, Case No. 20-CR-00011-DGK, in the United States District Court for the Western District of Missouri, Western Division, Document 3, filed January 30, 2020. The United States moves the Court to detain the defendant without bail pending trial and to hold a hearing pursuant to Title 18, United States Code, Section 3142(f). The supporting suggestions list the categories of cases that allow a detention hearing, including crimes of violence and a serious risk that the defendant will flee, and state that one or more grounds for a hearing exists. The motion carries the /s/ signature of Caleb J. Aponte and a certificate of service dated January 30, 2020.

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“Motion of the United States for a Pretrial Detention Hearing — United States v. Desmond L. Washington.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-4-20-cr-00011-dkt-3-w-d-mo-3e5c61a743/, SHA-256 465e63eafdddc14ef1d9613f213e94aa1e4875c97d6317cce798f45687f48a1c.

Full text

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v. Case No. 20-CR-00011-DGK

DESMOND L. WASHINGTON,
[DOB: 1/23/1993],

Defendant.

MOTION OF THE UNITED STATES FOR A
PRETRIAL DETENTION HEARING PURSUANT
TO TITLE 18, UNITED STATES CODE, SECTION 3142(f)

Comes now the United States of America, by Timothy A. Garrison, United States

Attorney, and the undersigned Assistant United States Attorney, both for the Western District of

Missouri, and hereby moves the Court to detain defendant without bail pending trial of this

matter and to hold a hearing pursuant to Title 18, United States Code, Section 3142(f) for the

purpose of demonstrating that no condition or combination of conditions of release will

reasonably assure the defendant's appearance as required by the Court and the safety of other

persons and the community.

SUPPORTING SUGGESTIONS

I. Subsection 3142(f), Title 18, United States Code, provides that a hearing must be held

by the appropriate judicial officer to determine whether any condition or combination of

conditions will reasonably assure the defendant's appearance and the safety of any other person

in the community if the attorney for the government moves for such a hearing and if the case is

in any one of the following categories:

Case 4:20-cr-00011-DGK Document 3 Filed 01/30/20 Page 1 of 3
A. The case involves a crime of violence, a term defined to include either:

1. An offense that has as an element the use, attempted use, or threatened

use of physical force against the person or property of another; or

2. Any other offense that is a felony and by its nature involves a

substantial risk that physical force against the person or property of another may

be used in the course of its commission.

B. The case involves an offense where the maximum sentence is life imprisonment or

death.

C. The case is a narcotics case under Title 21, United States Code, for which

imprisonment for ten years or more is prescribed.

D. Any felony, even a nonviolent felony not involving drugs, if the person already has

two or more convictions for a crime of violence, a crime punishable by life imprisonment, or a

ten year drug felony.

E. Any felony that is not otherwise a crime of violence that involves a minor victim or

that involves the possession or use of a firearm or destructive device (as those terms are defined

in section 921), or any other dangerous weapon, or involves a failure to register under section

2250 of title 18, United States Code.

II. The statute recognizes two additional situations which allow for a detention hearing

and which can be raised either by the attorney for the government or by a judicial officer. These

conditions are:

A. When there is a serious risk that the defendant will flee; or

Case 4:20-cr-00011-DGK Document 3 Filed 01/30/20 Page 2 of 3
B. When there is a serious risk that the person will "obstruct or attempt to obstruct

justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate, a

prospective witness or juror."

III. One or more grounds for a pretrial detention hearing as set forth by the statute exists

in the above cause.

Respectfully,

Timothy A. Garrison
United States Attorney

By /s/ Caleb J. Aponte

Caleb J. Aponte
Special Assistant United States Attorney

Charles Evans Whittaker Courthouse
400 East 9th Street, Fifth Floor
Kansas City, Missouri 64106
Telephone: (816) 426-3122

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a copy of the foregoing was delivered on January
30, 2020, to the CM-ECF system of the United States District Court for the Western District of
Missouri, and a copy of the foregoing will be hand-delivered to the defendant at his first
appearance before a judicial officer.

/s/ Caleb J. Aponte

Caleb J. Aponte
Special Assistant United States Attorney

Case 4:20-cr-00011-DGK Document 3 Filed 01/30/20 Page 3 of 3

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