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15-464 - USA v. Thomas

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15-464 - USA v. Thomas
March 11, 2016
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ORDER: The Court has requested that the parties address two issues relating to Defendant's motion for release on bond pending trial, pursuant to Title 18, United States Code, Section 3142: (1) whether a rebuttable presumption of detention applies pursuant to Sections 3142(e)(2)(A), 3142(f)(1)(E), 3142(f)(1)(A), and 3156(a)(4); and (2) whether Defendant has a right, or should otherwise be permitted, to subpoena witnesses, e.g., the arresting officers in the underlying criminal matter that led to this federal prosecution, for the bail hearing to be held on March 22, 2016. For the reasons set forth in the attached, the Court finds that (1) it need not resolve the legal challenge raised by Defendant regarding the applicability of Section 3142(e) and (2) Defendant may not compel or subpoena the appearance or testimony of the two arresting officers in the underlying criminal case for the March 22 detention hearing in this matter. Ordered by Judge Pamela K. Chen on 3/11/2016. (Merin, Eric)