United States District Court, D. Massachusetts
MEMORANDUM & ORDER
Nathaniel M. Gorton United States District Judge.
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.
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).
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
Magistrate Judge Bowler's Findings
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.
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.
Defendant's Motion for Review of the Detention
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.
result, Cross requests that he be released from custody and
permitted to return to his home in Amesbury, Massachusetts,
subject to special conditions.
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 ...