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16-032 - USA v. FENNELL et al


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16-032 - USA v. FENNELL et al
November 10, 2016
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ORDER - as to FRANK SHAHADEY (2) - On November 1, 2016, Defendant Frank Shahadey was charged by Complaint with theft or bribery concerning programs receiving federal funds, in violation of 18 U.S.C. ยง 666. [Filing No. 1.] At Mr. Shahadey's initial appearance, the Government moved for pretrial detention, and Magistrate Judge Mark Dinsmore set a hearing on the Government's motion. [Filing No. 16.] Magistrate Judge Dinsmore held a detention hearing on November 4, 2016, denied the Govern-ment's motion for pretrial detention, and entered an Order Setting Conditions of Release. [See Filing No. 19; Filing No. 20.] Presently pending before the Court is the Government's Motion for Revocation of Release Order. [Filing No. 22.] The Court held a hearing on the Government's motion on November 9, 2016. [Filing No. 33.] The parties did not call any witnesses, but stipulated to proceed by proffer. After considering the evidence in this case and the parties' arguments, the Court GRANTS the Government's Motion for Revocation of Release Order, [Filing No. 22], REVERSES the decision of the Magistrate Judge, REVOKES the grant of pre-trial release, and ORDERS that Mr. Shahadey be remanded to the custody of the United States Marshal pending his trial. The Court further ORDERS that Mr. Shahadey: (1) shall be held in a correctional facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal; (2) shall be afforded reasonable opportunity for private consultation with counsel; and (3) shall, on order of the Court or on request of an attorney for the Government, be delivered to the United States Marshal by the correctional facility for appearances in connection with a court proceeding. The Court RECOMMENDS that Mr. Shahadey be held in the medicalunit at Henderson County Detention Center, so that he will have access to his C-PAP machine. (See Order.) Signed by Judge Jane Magnus-Stinson on 11/10/2016. Electronic Notice to USPO.(RSF)