Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Cross

United States District Court, D. Massachusetts

July 10, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
THOMAS CROSS, Defendant.

          MEMORANDUM & ORDER

          Nathaniel M. Gorton United States District Judge.

         Defendant Thomas Cross ("Cross" or "defendant") is currently subject to a detention order issued by United States Magistrate Judge Marianne B. Bowler. His motion to review that order is pending before the Court.

         I. Procedural History

         On December 13, 2018, a grand jury returned a three-count indictment charging Cross with distribution, receipt and possession of child pornography, in violation of 18 U.S.C. §§ 2252A(a)(2) (A) and (a)(5)(B).

         Cross was arrested at his home on November 15, 2018, and had his initial appearance before Magistrate Judge Bowler on that date. The Magistrate Judge heard oral argument on November 20, 2018, and in January, 2019, she issued an order of detention.

         II. Magistrate Judge Bowler's Findings

         In her detention order, Magistrate Judge Bowler found that defendant did not pose a risk of flight but that he was a danger to the community for the following reasons. First, because the alleged offense involves a minor, there is a presumption of detention. 18 U.S.C. § 3142(e)(3)(E). Second, Cross did not introduce evidence sufficient to rebut that presumption. Third, the government proved by clear and convincing evidence that no condition or combination of conditions of release would reasonably assure the safety of the community because

[defendant] was taking steps to go beyond the computer screen and arrange an opportunity to commit a contact offense.

         Shortly thereafter, defendant filed in this session a motion for review of that detention order. This Court held a hearing on June 28, 2019, and, for the reasons stated below, defendant's motion will be allowed.

         III. Defendant's Motion for Review of the Detention Order

         Defendant moves this Court to revoke the detention order issued by Magistrate Judge Bowler pursuant to 18 U.S.C. § 3145(b). He argues that the evidence and the pre-trial services report recommendations were sufficient to rebut the presumption of detention, thus shifting the burden of persuasion to the government. Further, he contends that the government cannot meet its burden with respect to community safety.

         As a result, Cross requests that he be released from custody and permitted to return to his home in Amesbury, Massachusetts, subject to special conditions.

         A. Legal Standard

         Pursuant to § 3145(b), this Court has jurisdiction to review a detention order by a magistrate judge under de novo review. United States v. Oliveira, 238 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.