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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,

v.
D-8

CASE NO. 15-20652
HON. GEORGE CARAM STEEH

MICHAEL ROGERS,

Defendant.
________________________________/
GOVERNMENT’S OPPOSITION TO DEFENDANT’S MOTION FOR
REVOCATION OF DETENTION ORDER [179]
Michael Rogers is a flight risk and a danger to the community such that no
condition or combination of conditions will reasonably ensure the appearance of the
defendant as required and the safety of any other person or the community. The
United States of America, by and through its undersigned counsels, files this opposition
to Defendant Michael Rogers’ Motion for Revocation of Detention Hearing (Dkt. No.
179). There is a statutory presumption of detention given that the defendant has been
indicted on racketeering conspiracy and firearms charges related to his involvement and
long-standing membership in a violent street gang. The defendant is unable to rebut
the presumption. Furthermore, a de novo review of the factors under 18 U.S.C. §
3142(g) will also show by preponderance of the evidence that the defendant is a risk of
flight and by clear and convincing evidence that the defendant is a danger to the

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community. Consistent with the recommendation of Pre-trial Services, Mr. Rogers’
detention should be continued pending trial.

BACKGROUND
On February 17, 2016, the defendant and 14 other individuals were charged in a
second superseding indictment with one count of racketeering conspiracy, in violation
of 18 U.S.C. § 1962(d), and one count of possession of a firearm in furtherance of a
crime of violence, and aiding and abetting, in violation of 18 U.S.C. §§ 924(c) and 2.
Some of the other individuals were also charged with murder in aid of racketeering,
attempted murder in aid of racketeering, assault with a dangerous weapon in aid of
racketeering, and firearm offenses.
The second superseding indictment alleges that the defendant is a member of a
violent gang called the Seven Mile Bloods, or “SMB.” According to the second
superseding indictment, the “SMB is currently in an active gang war with an alliance of
other gangs operating on Detroit’s east side . . . .” (R. 46: Second Superseding
Indictment, PgID 150). The SMB and its rivals “are violently attacking one another and
have posted respective ‘hit lists’ on social media.” Id. According to the second
superseding indictment, the SMB members identify themselves with the number “55”
and sometimes refer to themselves as “55 Crew” or “55 Grinch.” Id. PgID 149. The
SMB is also “heavily involved in the rap music scene. SMB members regularly post
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videos of their rap music and discuss their gang affiliation and accomplishments via
rap.” Id. It is also alleged in the second superseding indictment that the SMB “makes its
money predominately through the sale and distribution of controlled substances,
including cocaine, heroin, marijuana, codeine promethazine, and various prescription
pills.” Id. PgID 150. The SMB’s drug trafficking also involves gang members traveling
“to West Virginia, Ohio, Kentucky, and other states to sell controlled substances.” Id.

DETENTION HEARING
On March 9, 2016, the defendant appeared before Magistrate Judge Stafford for
a detention hearing, a transcript of which was provided by the defendant attached as an
exhibit (Dkt. No. 179-2). At the hearing the government proffered orally and in
writing (R:118-1: Government’s Written Proffer in Support of its Request for
Detention Pending Trial, PgID 321, attached as Exhibit A) the following facts to
support its motion for detention:
•

There is a statutory presumption of detention pending trial because the
defendant was charged with possession of a firearm in furtherance of a
crime of violence, and aiding and abetting, in violation of 18 U.S.C. §§
924(c) and 2.

•

The written proffer submitted by the government described in greater
detail the Seven Mile Bloods, several shootings and murders perpetrated
by the gang, and the gang’s narcotics distribution activities in Detroit and
West Virginia. The written proffer also contained information specific to
defendant Rogers, stating that “Defendant Rogers is one of the older and
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original SMB members.” (R. 118-1: PgID 323) Included in the written
proffer is a photographic still from a YouTube rap video in which
Defendant Rogers is the right-most person next to the man in the red
mask with the initials “S.M.B.”:

Corey Baily, Quincy Graham, Billy Arnold, and Michael Rogers in a
still shot taken from a YouTube rap video
Id. PgId 325. In describing the narcotics distribution by SMB members to
Charleston, West Virginia, “Defendant Rogers has been identified by
several witnesses as being one of the main drug distributors in this
neighborhood ….” Id. PgID 334.
•

On March 22, 2015, Defendant Rogers was shot 18 times outside of his
house. Defendant Rogers is one of the ten individuals identified on the
rivals social media “hit list” during the ongoing gang war. Rogers was
uncooperative with the FBI in identifying his assailant(s). Rogers told the
FBI that they “did not need to worry about the shooting.” Id. PgID 335.

•

Pretrial Services recommended detention. Also detailed in the Pretrial
Services report , the defendant has a long criminal history:
(1)

The defendant was arrested on August 15, 2004, for
Possession of Cocaine. He pled guilty on August 24, 2004,
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to Attempt Possession of Cocaine less than 25 grams in
Third Circuit Court, Michigan. He was placed on
probation on October 6, 2004. He pled guilty to violating
his probation (see (2) below) on March 1, 2005. He was
sentenced to probation on April 18, 2005. He pled guilty to
a second violation on March 7, 2006, and was sentenced to
20 days jail.

•

(2)

On February 2, 2005, defendant was arrested for Delivery of
less than 50 grams of crack cocaine. He pled guilty on April
18, 2005, in conjunction with his probation case above.

(3)

On August 20, 2010, defendant was arrested in West
Virginia for a misdemeanor drug charge that was later
dismissed.

(4)

On October 24, 2010, defendant was arrested in
Huntington, West Virginia, in possession of 29.5 Vicodin
tablets, 17.5 MDMA tablets, 23 Alprazolam tablets and 34
OxyContin tablets. He was indicted on March 9, 2011, on
four counts of Possession with Intent to Deliver each of the
different narcotics. Defendant was arrested in Detroit,
Michigan, on his extradition warrant. He waived
extradition and the Third Circuit extradition warrant was
dismissed on March 19, 2012. See attached Register of Action,
Exhibit B.

(5)

The defendant pled guilty to the above Possession with
Intent to Deliver case from West Virginia and was sentenced
on April 15, 2013, to 1 to 15 years prison. The defendant
served 18 months and was on parole until February 17, 2016,
supervision was transferred to Michigan.

When the defendant was arrested on the current federal charges on March
1, 2016, he was located at the residence he shares with his girlfriend, Nykia
Johnson, on Universal, which was searched pursuant to a warrant. Inside
the residence agents found two rounds of ammunition, a receipt from
Coldwater Gun and Pawn, gang related clothing, postcard and CDs from
Hard Work Entertainment, and letters from two incarcerated SMB
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members, Defendant-5 Quincy Graham and Defendant-4 Corey Bailey.
•

Finally, the Government proffered the content of one of the Hard Work
Entertainment rap videos, “Murda”. Defendant Rogers is not one of the
individuals performing in the video, other SMB members rapped,
including Defendant-4 Corey Bailey and Devon McClure (SMB member
killed on May 1, 2015, leading to an escalation of the gang war.)
Defendant Rogers is prominently seen as one of the first individuals in the
video. The lyrics of the rap explain that in the Red Zone murder is the
way of life. They state how they murder other people and in the last verse
they state that if ‘snitches’ testify against them, they will be shot and
murdered as well.

To rebut the statutory presumption of detention and the evidence offered by the
government, the defendant proffered the following:
•

The Government’s written proffer is a select recitation of the indictment.
(R. 179-2, Exhibit A, PgID 540);

•

The defendant denies any involvement with the Seven Mile Bloods. Id.
PgID 541;

•

The West Virginia conviction did not have anything to do with gang
activity and that he acted alone. Id.;

•

The defendant is the President of Hard Work Entertainment and that any
involvement in gangster rap videos is art and for entertainment Id. PgID
541-542;

•

The defendant should not be liable for the sins of his brother, Corey
Bailey Id. PgID 544;

•

The defendant could not assist the FBI after he was shot because of the
pain medication he was prescribed. Id.;

•

The defendant’s girlfriend, Nykia Johnson, would be a suitable third-party
custodian. Id. PgID 550; and
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•

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After being shot 18 times, the defendant given his medical issues is
physically not a danger to anyone. Id. PgID 551-552.

Magistrate Judge Stafford ordered the defendant detained on the ground that
there was clear and convincing evidence that the defendant was a danger to the
community, and a preponderance of the evidence that he was a risk of non-appearance.
(R. 123: Order of Detention Pending Trial, PgID 357, attached as Exhibit C).
Magistrate Judge Stafford found that the defendant was a member of the Seven Mile
Bloods, which was a “violent gang that has engaged in murderous ‘wars’ with other
gangs,” and that “the pattern of retaliatory shootings and killings deems Rogers a
danger to the community. Id. PgID 358. Moreover, the magistrate judge noted the
defendant’s girlfriend would not be an appropriate third-party custodian “because she is
merely his peer and unlikely to be an effective authority figure, and because of his gang
activity was found during the March 1, 2016, search of the home they share.” Id.

ARGUMENT
Detention under 18 U.S.C. § 3142(e) is warranted when the court finds “that no
condition or combination of conditions will reasonably assure the appearance of the
person as required and the safety of any other person and the community.”
to 18 U.S.C § 3142(g), the factors to be considered are: “(1) the nature and
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circumstances of the offense charged, … (2) the weight of the evidence against the
person; (3) the history and characteristics of the person …, and (4) the nature and
seriousness of the danger to any person or the community that would be posed by the
person’s release.”
When, as is the case here, a defendant is subject to the statutory presumption of
detention under 18 U.S.C. § 3142(e)(3), the defendant bears a “burden of production,”
which requires him to “come forward with evidence that he does not pose a danger to
the community or a risk of flight.” United States v. Stone, 608 F.3d 939, 945 (6th Cir.
2010). Even when the defendant satisfies his burden of production, the statutory
presumption in favor of detention “remains a factor to be considered among those
weighed by the district court.” Id. This is because the presumption “reflects Congress’s
substantive judgment that particular classes of offenders should ordinarily be detained
pending trial,” and it is the defendant’s responsibility to “present all the special features
of his case that take it outside the congressional paradigm.” Id. at 946.
The defendant, who is a member of a violent street gang and has himself been
arrested and convicted on multiple occasions for felony distribution of narcotics cases
in Michigan and West Virginia, is exactly the type of defendant that should be detained
pending trial, and is certainly not “outside the congressional paradigm” when it comes
to the statutory presumption of detention. In fact, most of the evidence and
arguments proffered by the defendant do nothing to negate the presumption that the
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defendant is a danger to the community or risk of non-appearance.
Nature and Circumstances
The nature and circumstances of the offense charged, that of a racketeering
conspiracy and firearms charges related to his involvement and long-standing
membership in the Seven Mile Bloods strongly favors detention. The Second
Superseding Indictment describes SMB activities from 2003 to present and specifically
names Defendant Rogers in Overt Acts 61 and 80 in count one racketeering conspiracy.
Additionally, Defendant Rogers’ aforementioned convictions from Michigan all
occurred in the Red Zone. Defendant Rogers has numerous police contacts in the Red
Zone with Seven Mile Blood members:
• In the aforementioned August 15, 2004 arrest and conviction for Possession
of Cocaine, Defendant-10, Devon Patterson, was the driver of the vehicle.
• July 26, 2004, Defendant Rogers drove a vehicle that was stopped by Detroit
Police Department (DPD). In the vehicle were Defendant-4 Corey Bailey,
Julian Patterson and Dontell Martin. Officers found 10 plastic baggies with
crack cocaine on Patterson and arrested him.
• April 1, 2007, DPD officers approached a vehicle with four occupants and
could smell a strong odor of marijuana. Defendant-11, Christopher Owens
was present in the vehicle and was subsequently arrested for possession of
marijuana. In addition to Defendant Rogers, Defendant-10, Devon
Patterson, and Sharkey Cooper were also in the vehicle.
• October 11, 2010, DPD officers approached Defendant Rogers with
Defendant-10 Devon Patterson, Darryl Brown, Willie McCall, Michael Gray
and Sharkey Cooper, at an abandoned house in the Red Zone. All admitted
to smoking marijuana. Officers confiscated $303.00 from Defendant
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Rogers. See R. 46, Second Superseding Indictment, Overt Act 61, PgID 165.
Defendant Rogers’ involvement in SMB is also evidenced by his role as President
of Hard Work Entertainment. Contrary to the defendant’s assertions that these videos
are merely art and for entertainment, the lyrics in the videos by SMB members are based
in reality. They serve a very real purpose of increasing the credibility of the Seven Mile
Bloods as a gang of criminal significance as exemplified in this image:

“Berenzo” is one of Billy Arnold’s street names.
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(R:118-1: Government’s Written Proffer in Support of its Request for Detention
Pending Trial, PgID 335) In this image Hard Work Entertainment celebrates Billy
Arnold wearing the SMB ski mask in front of shadowed jail bars and prominently
displayed headstone, firearm and stacks of cash silhouetted on the sides. The deadly
truth is clear from the active gang war in 2014 and 2015. Defendant Rogers
involvement and the violent link between the Seven Mile Bloods and Hard Work
Entertainment is further shown by the fact that he was shot 18 times on March 22,
2015. Rogers’ photograph is one of the 10 listed individual in the rival gangs’
Instagram hit list of SMB members; and, when he was arrested in March of 2016, agents
found the aforementioned Seven Mile Blood and Hard Work Entertainment materials
in the house he shared with Nykia Johnson. The Hard Work Entertainment videos are
overt acts 1, 41, 42, 43 and 48 in count one.
Defendant Rogers is also equally involved in the other aspect of SMB criminal
activity, trafficking in narcotics. The defendant’s criminal history shows narcotics
convictions in the Red Zone in Michigan and more recently in West Virginia. Contrary
to the defendant’s assertions, the defendant did not act alone in West Virginia. The
State of West Virginia Supreme Court of Appeals stated the facts in their unpublished
2014 opinion affirming Defendant Rogers’ conviction. State v. Rogers, 2014 WL
2683047 (W. Va). Huntington West Virginia Drug Task Force received a tip that an
African-American male from Detroit, Michigan, would exit the Greyhound bus at
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Ashland, Kentucky, with drugs for sale. They observed the defendant exit the bus and
enter a vehicle with two other occupants. The car drove to West Virginia. The
vehicle was stopped for speeding and the drugs were found. All three individuals were
indicted for the possession with intent to distribute charges. Thus as to the nature and
seriousness of the charge, all aspects of Defendant Rogers’ involvement with SMB
favor detention.
Weight of the Evidence
The weight of the evidence as to flight and dangerousness is strong especially
considering much of it comes from well documented police activity. The evidence of
flight comes from the fact that the defendant had to be extradited from Michigan to
face the charges in West Virginia. Additionally, the defendant has demonstrated ties to
another jurisdiction and has been arrested with sums of cash or narcotics indicating an
ability to flee the jurisdiction if he chooses. Similarly, the evidence of dangerousness is
established by felony convictions and other police contacts.
The defendant suggests his girlfriend, Nykia Johnson, would be a good third
party custodian to negate concerns of flight or dangerousness. However, Ms. Johnson
has not prevented him from engaging in criminal activity in the past, and there is no
indication that she will be able to do so in the future. And from the evidence seized at
their residence in March 2016, it is clear that she cannot mitigate in anyway the
defendant’s participation in SMB. This buttresses Magistrate Judge Stafford’s finding
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that Ms. Johnson is an “inappropriate option because she is merely his peer and unlikely
to be an effective authority figure….” (R. 123: Order of Detention Pending Trial, PgID
358) Therefore, this factor also favors detention.
History and Chracteristics
This factor is mixed, but ultimately favors detention. As detailed above, the
defendant’s family ties, past conduct, criminal history and the fact that he had just
finished parole on February 17, 2016, all favor detention. The government concedes
that after being shot 18 times, the defendant is in a considerably different physical state
then he was before.

However, as explained further below, given his gang ties, it will

not prevent him from being involved in further dangerous activity if he is not detained.
Nature and Seriousness of the Danger to Any Person or Community
The defendant was shot in the midst of the gang war. He has a strong motive
for retribution. As a member of a gang, he also does not need to be the one to pull the
trigger. As described in the Murda video, above, defendant Rogers is also a danger to
any potential witness in this case. This attitude is best described by Defendant-3
Eugene Fisher in overt act 29, from a January 30, 2015, Facebook post:
“My [friend] Block [Devon McClure] beat his case 2day! I hit the snitching ass lil
[gentleman] in his mouth and almost went 2 jail at Frank Murphy. The lil [gentleman]
was still trying 2 snitch after I hit him in his shit, some [people] never learn!” (R. 46:
Second Superseding Indictment, PgID 160) This factor favors detention too.
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CONCLUSION
The defendant is a danger to the community and is a risk of nonappearance. The
defendant is also subject to a statutory presumption of detention, which the defendant
has failed to overcome. His motion for bond should be denied.

Respectfully submitted,
BARBARA L. MCQUADE
United States Attorney

s/ Christopher Graveline
Chief, Violent & Organized Crime Unit
211 W. Fort Street, Suite 2001
Detroit, MI 48226
Phone: (313) 226-9100
christopher.graveline2@usdoj.gov
s/ Michael C. Martin
Assistant United States Attorney
michael.c.martin@usdoj.gov
s/ Rajesh Prasad
Assistant United States Attorney
rajesh.prasad@usdoj.gov

Dated:

May 5, 2016

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CERTIFICATE OF SERVICE
I hereby certify that on May 5, 2016, I filed the foregoing document on the ECF
system, which will send notice to David Lee, 615 Griswold St, Suite 722, Detroit, MI
48226.

s/Rajesh Prasad
Rajesh Prasad
Assistant United States Attorney
211 W. Fort Street, Suite 2001
Detroit, MI 48226
Phone: (313) 226-0821
E-Mail: Rajesh.Prasad@usdoj.gov

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