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United States v. Davis

United States District Court for the District of Maryland

March 30, 2020, Decided; March 30, 2020, Filed

Case No.: ELH-20-09

Opinion

MEMORANDUM OPINION

Pending before the Court is the government's motion for pretrial detention. For the reasons stated in this Memorandum Opinion and on the record, the motion is denied, and the defendant Michael Davis, Jr. ("Davis") is ordered released from U.S. Marshal's custody subject to the conditions set forth below and in the accompanying Order Setting Conditions of Release, ECF No. 20.

Procedural History

On January 9, 2020, a grand jury sitting in this Court returned an indictment against Davis charging him with conspiracy to distribute and possess with intent to distribute a controlled dangerous substance, cocaine base, in violation of 21 U.S.C. § 846 (Count I); distribution of a controlled dangerous substance, cocaine base, in violation of 21 U.S.C. § 841(a)(1) (Count II); and distribution of a controlled dangerous substance, fentanyl, in violation of 21 U.S.C. § 841(a)(1) (Count IV). [*2]  ECF No. 1. The maximum penalty for each charge is 20 years' imprisonment. On January 14, 2020, Davis appeared in Court for his initial appearance and was appointed counsel. At the hearing, the government moved for his detention. A detention hearing was scheduled for January 16, 2020, and a temporary order of detention was entered. Davis ultimately consented to detention and no hearing was conducted. An Order of Detention by Agreement was entered "without prejudice to either side requesting a prompt hearing to set appropriate conditions of release or otherwise address the detention of the defendant." ECF No. 14.

On March 21, 2020, Davis notified the Court that he now requests a detention hearing. ECF No. 16. He is entitled to a hearing under 18 U.S.C. § 3142(f). The hearing occurred on March 30, 2020.1 No trial date has been set.

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2020 U.S. Dist. LEXIS 55310 *

UNITED STATES OF AMERICA v. MICHAEL DAVIS, JR., Defendant.

CORE TERMS

detention, conditions, public health, crisis, jail, appearance, facilities, Pretrial, pretrial detention, poses, confinement, arrest, danger to the community, incarcerated, prisons, resources, detained, firearms, infected, cocaine, factors, safety of the community, condition of release, pending trial, Bail Reform Act, attorney-client, distancing, detainees, meetings, Faculty