2:15-cr-20652-GCS-DRG Doc # 122 Filed 03/10/16 Pg 1 of 6 Pg ID 349 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNITED STATES OF AMERICA Plaintiff, CASE NO. 15-20652 v. ROBERT BROWN II MAG. JUDGE ELIZABETH A. STAFFORD Defendant. / ORDER OF DETENTION PENDING TRIAL After conducting a detention hearing under the Bail Reform Act, 18 U.S.C. § 3142(f), I conclude that these facts require that Defendant be detained pending trial. Part I – Findings of Fact A. Eligibility. This case is eligible for a Detention Hearing (18 U.S.C. § 3142(f)), for the reasons checked below in this Part I A: ☒(1) Under 18 U.S.C. § 3142(f)(1), upon the government’s motion in a case that involves ☐(a) a crime of violence, a violation of section 1591, or an offense listed in 2332b(g)(5)(B) for which a maximum term of imprisonment of 10 years or more is prescribed; or ☒(b) an offense for which the maximum sentence is life imprisonment or death; or ☐(c) an offense for which a maximum term of imprisonment of ten years or more is prescribed in the Controlled Substances Act (21 U.S.C. §§ 801- Page 1 of 6 2:15-cr-20652-GCS-DRG Doc # 122 Filed 03/10/16 Pg 2 of 6 Pg ID 350 904), the Controlled Substances Import and Export Act (21 U.S.C. §§ 951971), or Chapter 705 of Title 46; or ☐(d) any felony if such person has been convicted of two or more offenses described in subparagraphs (a) through (c) of this paragraph, or two or more State or local offenses that would have been offenses described in subparagraphs (a) through (c) of this paragraph if a circumstance giving rise to Federal jurisdiction had existed, or a combination of such offenses; or ☐(e) any felony that is not otherwise a crime of violence but involves: ☐(i) a minor victim, or ☐(ii) the possession or use of a firearm or destructive device (as defined in section 921), or ☐(iii) any other dangerous weapon, or ☐(iv) involves a failure to register under 18 U.S.C. § 2250. ☐(2) Under 18 U.S.C. 3142(f)(2), upon the government’s motion or the court’s own motion in a case that involves ☐(a) a serious risk that such person will flee; or ☐(b) a serious risk that such person will obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate, a prospective witness or juror. B. Rebuttable Presumption. A rebuttable presumption for detention exists in this case if reasons are checked below in this Part I B. (1) Defendant on Release Pending Trial (18 U.S.C. § 3142 (e)(2)): A rebuttable presumption that no condition or combination of conditions will reasonably assure the safety of another person or the community arises when ☐(a) Defendant is charged with an offense described in 18 U.S.C. § 3142(f)(1), and has previously been convicted of a crime listed in 18 U.S.C. § 3142(f)(1), or comparable state or local offense; and Page 2 of 6 2:15-cr-20652-GCS-DRG Doc # 122 Filed 03/10/16 Pg 3 of 6 Pg ID 351 ☐(b) The offense was committed while Defendant was on release pending trial for a federal, state, or local offense; and ☐(c) A period of less than five years has elapsed since ☐(i) the date of conviction, or ☐(ii) Defendant’s release from prison. (2) Probable Cause Findings (18 U.S.C. § 3142(e)(3)): A rebuttable presumption that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community arises when there is probable cause to believe that Defendant has committed an offense ☐(a) for which a maximum prison term of ten years or more is prescribed in the Controlled Substances Act (21 U.S.C. §§ 801-904), the Controlled Substances Import and Export Act (21 U.S.C. §§ 951-971), or Chapter 705 of Title 46; or ☒(b) under 18 U.S.C. § 924(c) (use of a deadly or dangerous weapon or device in relation to a crime of violence or drug trafficking crime), 18 U.S.C. § 956(a) (conspiracy to kill, kidnap, maim, or injure persons or damage property in a foreign country), or 18 U.S.C. § 2332b (acts of terrorism transcending national boundaries); or ☐(c) listed in 18 U.S.C. § 2332b(g)(5)(B) (federal crimes of terrorism) for which the prison term is 10 or more years; or ☐(d) under Chapter 77 of Title 18, United States Code, for which a maximum term of imprisonment of 20 years or more is prescribed (i.e., 18 U.S.C. §§ 1581, 1583, 1584, 1589, and 1594)(slavery); or ☐(e) involving a minor victim as listed in 18 U.S.C. § 3142(e)(3)(E). Part II – Statement of the Reasons for Detention I find that the testimony and information submitted at the detention hearing establishes Page 3 of 6 2:15-cr-20652-GCS-DRG Doc # 122 Filed 03/10/16 Pg 4 of 6 Pg ID 352 ☐ by clear and convincing evidence that, for the reasons set forth below, there is no condition or combination of conditions which will reasonably assure the safety of the community; or ☐ by a preponderance of the evidence that, for the reasons set forth below, there is no condition or combination of conditions which will reasonably assure Defendant’s appearance; or ☒ both of the above. Statement of reasons for detention pursuant to 42 U.S.C. § 3142(i): For the reasons stated on the record, including the fact that a grand jury found probable cause that Brown is a founding member of the Seven Mile Bloods, a violent gang that has engaged in murderous “wars” with other gangs, and that distributes controlled substances heavily in West Virginia. The grand jury found probable cause that Brown’s participation in a RICO conspiracy and his possession of a firearm in furtherance of a crime of violence included time periods during which he was on probation for a May 2015 after pleading guilty to a larceny charge In May 2015. Importantly, the police report regarding the larceny charge indicates that Brown and his cohorts violently attacked the victim of the theft without provocation at Eastland Mall, and that a video recording showed Brown’s participation in both the violence and the theft of a cell phone from the defenseless victim. Brown’s mother, a retiree, stated under oath during the detention hearing that she was willing to act as a third-party custodian and that Brown could live her with and her husband of more than 30 years. She stated that neither she nor her husband have any criminal history, and her driver’s license showed that she did not live within the territory of the Seven Mile Bloods. Despite these Page 4 of 6 2:15-cr-20652-GCS-DRG Doc # 122 Filed 03/10/16 Pg 5 of 6 Pg ID 353 seemingly favorable circumstances for Brown’s mother acting as third-party custodian, the Court finds that Brown would still present a danger even if he were on home confinement at his parents’ home because of a June 2014 police report in which Brown’s father stated that Brown had threatened him. The report states: Victim stated suspect (victim’s son) called him asking for money. Victim stated that he did not have any money. Suspect became irate and stated, ‘If you don’t give me any money I’m going to put a hit out on you.’ Victim stated he believes suspect would carry out threat and he fears for his life. Victim also stated suspect is a leader of 7 Mile Bloods gang. With this evidence that Brown is capable of striking fear in his own father, appointing his mother as his third-party custodian is not a reasonable means of protecting the community and assuring his compliance with the conditions of confinement. Part III – Directions Regarding Detention Defendant is committed to the custody of the Attorney General or a designated representative for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or held in custody pending appeal. Defendant must be afforded a reasonable opportunity to consult privately with defense counsel. On order of a United States Court or on request of an attorney for the Government, the person in charge of the corrections facility must deliver Defendant to the United States Marshal for a court appearance. Page 5 of 6 2:15-cr-20652-GCS-DRG Doc # 122 Filed 03/10/16 Pg 6 of 6 Pg ID 354 Review of this Order is governed by 18 U.S.C. § 3145 and E.D. Mich. L.R. 57.2. Date: March 10, 2016 s/Elizabeth a. Stafford Elizabeth A. Stafford United States Magistrate Judge Page 6 of 6