Order — No. 0:22-cr-00124 (Dkt. 202, D. Minn.)

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An order in United States v. Abdiaziz Shafii Farah, Case No. 22-cr-124(1) (NEB/TNL), in the U.S. District Court for the District of Minnesota, filed December 20, 2022 as Doc. 202 (3 pages) and signed by Magistrate Judge Tony N. Leung. It grants the defendant's Unopposed Motion for Reconsideration of Detention and for Release Subject to Conditions (ECF No. 184), subject to the terms of the Order Setting Conditions of Release and the Appearance Bond signed December 20, 2022. The order applies 18 U.S.C. § 3142(f), notes that the parties met and conferred on proposed release conditions and consulted U.S. Probation and Pretrial Services (ECF No. 199), and refers to the Court's October 31, 2022 Order (ECF No. 152) for the detention history.

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      CASE 0:22-cr-00124-NEB-DTS          Doc. 202    Filed 12/20/22    Page 1 of 3




                           UNITED STATES DISTRICT COURT
                              DISTRICT OF MINNESOTA


United States of America,                        Case No. 22-cr-124(1) (NEB/TNL)

              Plaintiff,

v.                                                            ORDER

Abdiaziz Shafii Farah,

              Defendant.


Chelsea A. Walcker, Craig R. Baune, Harry Jacobs, Joseph Scott Teirab, Joseph H.
Thompson, and Matthew S. Ebert, Assistant United States Attorneys, United States
Attorney’s Office, 300 South Fourth Street, Suite 600, Minneapolis, MN 55415 (for the
Government); and

Andrew S. Birrell and Ian S. Birrell, Birrell Law Firm PLLC, 333 South Seventh
Street, Suite 3020, Minneapolis, MN 55402 (for Defendant).


       This matter is before the Court on Defendant Abdiaziz Shafii Farah’s Unopposed

Motion for Reconsideration of Detention and for Release Subject to Conditions, ECF No.

184. The Court finds that the matter is suitable for determination without a hearing and is

submitted on the papers.

       Under 18 U.S.C. § 3142(f), a detention hearing may be reopened when there is

information that was not known at the time of the hearing “that has a material bearing on

the issue whether there are conditions of release that will reasonably assure the

appearance of [the person detained] . . . and the safety of any other person and the

community.” Section 3142(f)’s function “is to allow parties to present new information

that increases the likelihood a defendant would appear in court or decrease[s] the

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      CASE 0:22-cr-00124-NEB-DTS          Doc. 202    Filed 12/20/22    Page 2 of 3




potential danger a defendant poses to an individual or the community as a whole.”

United States v. White, No. 19-cr-204 (ECT/BRT), 2020 U.S. Dist. LEXIS 63741, at *4

(D. Minn. Apr. 1, 2020); see also United States v. Elburki, No. 19-00406-01-CR-W-RK,

2022 WL 1307092, at *2 (W.D. Mo. May 2, 2022) (“By its express terms, [§ 3142(f)]

applies to reconsideration of a detention order and provides that reconsideration is

permissible ‘only when there is new information that would materially influence the

judgment’ concerning potential flight risk and potential harm to any other person or the

community.” (quoting United States v. Cisneros, 328 F.3d 610, 614 (10th Cir. 2003)).

       The history of Defendant’s pretrial detention and proceedings related thereto is

fully set forth in the Court’s October 31, 2022 Order, ECF No. 152. In brief, Defendant

was previously detained based on a finding that there is no condition or combination of

conditions that would reasonably assure that Defendant would not flee. As reflected in

Defendant’s motion, Defendant and the Government have met and conferred and arrived

at proposed conditions of release pursuant to which the Government does not oppose

Defendant’s motion for reconsideration and release. The parties have also consulted with

U.S. Probation and Pretrial Services regarding proposed conditions of release. See ECF

No. 199. The Court finds that the modified conditions and bond presented to the Court

by U.S. Probation and Pretrial Services, signed by Defendant, and the Government’s

approval of such terms of conditional release and bond, has a material bearing on the

issue of whether there are conditions of release that will reasonably assure the appearance

of Defendant as required.



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     CASE 0:22-cr-00124-NEB-DTS       Doc. 202   Filed 12/20/22   Page 3 of 3




      Based on the files, records, and proceedings herein, IT IS HEREBY ORDERED

that Defendant’s Unopposed Motion for Reconsideration of Detention and for Release

Subject to Conditions, ECF No. 184, is GRANTED, subject to the terms and conditions

of the Order Setting Conditions of Release and the Appearance Bond, signed by the

undersigned on December 20, 2022.



Date: December   20 , 2022                         s/ Tony N. Leung
                                            Tony N. Leung
                                            United States Magistrate Judge
                                            District of Minnesota


                                            United States v. Farah
                                            Case No. 22-cr-124(1) (NEB/TNL)




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