United States District Court, D. Massachusetts
MEMORANDUM & ORDER
Nathaniel M. Gorton United States District Judge
Caetano Oliveira (“Oliveira” or
“defendant”) is awaiting trial subject to a
detention order entered by United States Magistrate Judge
Marianne B. Bowler. Currently before the Court is
defendant's motion to review that order.
September 14, 2016, a grand jury returned a one-count
indictment charging Oliveira with felon in possession of a
firearm, in violation of 18 U.S.C. § 922(g)(1). The
indictment alleges that Oliveira, having been previously
convicted of a felony, possessed a 9mm handgun, a .40 caliber
pistol and ammunition for both weapons.
initial appearance took place before United States Magistrate
Judge Judith G. Dein in September, 2016. He was detained
until his detention hearing and arraignment, which was
scheduled for September 29, 2016, before Magistrate Judge
Bowler. At that initial hearing, Oliveira agreed to an order
of voluntary detention without prejudice.
December 13, 2016, Magistrate Judge Bowler held a second
detention hearing, at defendant's request, during which
the parties presented evidence. Magistrate Judge Bowler
subsequently entered an order of detention.
Magistrate Judge Bowler's Findings
Judge Bowler based her detention order upon a finding that
the defendant posed a danger to the community. Those findings
were based on the testimony of Special Agent Christopher
Kefalas of the Bureau of Alcohol, Tobacco, Firearms and
Explosives (“ATF”) and two documents that were
admitted into evidence: 1) a summary of incident reports
describing defendant's past convictions and 2) a
disciplinary report from the Plymouth County Correctional
Facility. Magistrate Judge Bowler did not conclude that
defendant posed a risk of flight.
“appealed” that order to this session but the
Court has treated that pleading as a motion to review the
detention order. The court held a hearing on February 23,
2017 and, for the reasons stated below, defendant's
motion will be denied.
Defendant's “Appeal” of the Detention
requests that he be released from custody and be allowed to
live with his mother in Brockton, Massachusetts. He offers to
remain in the home at all times, except for necessary court
appearances, and wear a monitoring device.
threshold matter, defendant, a pretrial detainee, seeks
review of the detention order under 18 U.S.C. § 3145(c)
but such review is properly governed by 18 U.S.C. §
3145(b). Whereas § 3145(c) permits appeals to the
Circuit Courts of Appeals, § 3145(b) permits review by a
district judge of a detention order entered by a magistrate
[i]f a person is ordered detained by a magistrate judge . . .
the person may file, with the court having original
jurisdiction over the offense, a motion for revocation or
amendment of the order. Accordingly, the Court will construe
defendant's “appeal” as a motion under §
3145(b) for an amendment of the detention ...