Order — No. 0:22-cr-00124 (Dkt. 208, D. Minn.)

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An order in United States v. Mohamed Jama Ismail, Case No. 22-cr-124(2) (NEB/TNL), in the U.S. District Court for the District of Minnesota, filed January 11, 2023 as Doc. 208 (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. 205), subject to the Order Setting Conditions of Release and Appearance Bond signed January 10, 2023. The order states that his detention in this case rested on his detention in No. 22-cr-85, where he was sentenced to seven months of imprisonment and one year of supervised release on a passport charge, and that the parties agreed on conditions and Pretrial Services filed an updated report (ECF No. 206).

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      CASE 0:22-cr-00124-NEB-DTS          Doc. 208    Filed 01/11/23    Page 1 of 3




                           UNITED STATES DISTRICT COURT
                              DISTRICT OF MINNESOTA


United States of America,                        Case No. 22-cr-124(2) (NEB/TNL)

              Plaintiff,

v.                                                            ORDER

Mohamed Jama Ismail,

              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

Patrick L. Cotter, Sieben & Cotter, PLLC, 105 Hardman Court, Suite 110, South St.
Paul, MN 55075 (for Defendant).


      This matter is before the Court on Defendant Mohamed Jama Ismail’s Unopposed

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

205. 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. 208    Filed 01/11/23    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 orders issued in United States v. Ismail, No. 22-cr-85 (NEB/TNL), a case

in which Defendant was charged with and ultimately indicted on one count of securing a

passport by false statement. See, e.g., ECF Nos. 12 (detention order), 23 (order on

objections to detention order) in No. 22-cr-85; see also ECF Nos. 1 (criminal complaint),

24 (indictment) in No. 22-cr-85. In brief, Defendant was previously detained based on a

finding that there is no condition or combination of conditions that would reasonably

assure Defendant’s appearance at future court proceedings. Defendant was subsequently

sentenced to seven months imprisonment followed by one year of supervised release on

the passport charge. See generally ECF Nos. 68, 69 in No. 22-cr-85. According to the

parties, Defendant has served his sentence on the passport charge. U.S. Probation and

Pretrial Services has likewise informed the Court that it is anticipated that Defendant

would begin his term of supervised release if afforded release in the instant case.



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Defendant’s detention in this case was based on his detention in the passport case. See

generally ECF Nos. 97, 154.

      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

Court has also received an updated report from U.S. Probation and Pretrial Services

regarding proposed conditions of release. See ECF No. 206. 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.

      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. 205, is GRANTED, subject to the terms and conditions

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

undersigned on January 10, 2023.



Date: January   10 , 2023                              s/ Tony N. Leung
                                                Tony N. Leung
                                                United States Magistrate Judge
                                                District of Minnesota


                                                United States v. Ismail
                                                Case No. 22-cr-124(2) (NEB/TNL)


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