United States District Court, D. Massachusetts
Order resolves the following pending motions:
1. The defendant's Assented-To Motion for Leave to Extend
Deadline to File Pretrial Motions (dkt. no. 136) is GRANTED
nunc pro tunc.
2. The defendant's Assented-To Motion to Continue
Suppression Hearing for a Date Set by Court after His Filing
Date (dkt. no. 137) is GRANTED nunc pro tunc.
3. The defendant's Motion to File Two Pleadings under
Seal (dkt. no. 139) is GRANTED. Counsel using the Electronic
Case Filing System should now file the document for which
leave to file has been granted in accordance with the CM/ECF
Administrative Procedures. Counsel must include -Leave to
file granted on [date of order]- in the caption of the
4. After review of the relevant papers, and having received
no objections to the magistrate judge's Report and
Recommendation (dkt. no. 115) recommending denial of the
defendant's Motion for Reconsideration of Detention
Hearing (dkt. no. 109), the Report and Recommendation is
ADOPTED and the defendant's motion for reconsideration is
AND RECOMMENDATION ON #109, DEFENDANT'S MOTION FOR
RECONSIDERATION OF DETENTION
defendant is charged by indictment with violating 18 U.S.C.
§ 922(n), possession of a firearm by a person under
indictment for a felony offense. Mr. Daniells was indicted on
June 16, 2015. He was arrested on June 18, and had his
initial appearance in this court on that date. The government
moved for detention under 18 U.S.C. § 3142 (f)(1)(E)
(offense involves a firearm);(f)(2)(A) (serious risk of
flight); and (f)(2)(B) (serious risk that person will
obstruct justice), arguing that he is a danger to the
community and poses a serious risk of flight. On June 25 he
was arraigned and had a detention hearing, but after
cross-examining the government's witness, defense counsel
asked for a continuance to July 1, 2015 to conclude the
hearing. On July 1 counsel asked the court to enter a
voluntary order of detention, which the court did (#19).
25, 2016, defendant moved for release (#63). A detention
hearing was held before this court on June 17, 2016 where the
parties proceeded by proffer. On that same date the court
issued an order allowing the government's motion for
detention (#69). The court found that the government met its
burden on danger but not on risk of flight, id. at
Daniells appealed the order of detention to the District
Court, O'Toole, J. (#74). Judge O'Toole held a
hearing on June 30, 2017 and took the matter under advisement
(#77). Judge O'Toole ordered a transcript of the
detention hearing of June 17, 2016 (#75), and ordered
Pretrial Services to update the report that previously had
been prepared (#78). The government and defendant filed
memoranda (##80, 81.) On August 1, Judge O'Toole denied
the motion for release from custody (#82). He disagreed with
this court's finding that Mr. Daniells was not a flight
risk, and found that Mr. Daniells was both a danger and a
flight risk, id. at 2.
Daniells appealed the District Court's order to the First
Circuit on August 5, 2016 (#86). That appeal was denied on
October 31, 2016 as the First Circuit found that it would not
reach “a different result” and that affirmance
was appropriate, citing United States v.
O'Brien, 895 F.2d 810, 814 (1st Cir.
1990) (#104). Defendant then moved for reconsideration before
the District ...