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CASE 0:22-cr-00124-NEB-TNL 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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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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