MEMORANDUM OPINION
COLLEEN KOLLAR-KOTELLY UNITED STATES DISTRICT JUDGE
A
federal indictment charges Defendant Vincent Donta McSwain
with unlawful possession of ammunition by a person convicted
of a crime punishable by imprisonment for a term exceeding
one year, in violation of 18 U.S.C. § 922(g)(1), and
with receipt or possession of a firearm unidentified by
serial number, in violation of 26 U.S.C. § 5861(i). At a
detention hearing on March 4, 2019, Magistrate Judge Robin M.
Meriweather granted the Government's oral motion to
detain Mr. McSwain pending trial. He presently seeks release
from pretrial custody into the High Intensity Supervision
Program (“HISP”). Upon consideration of the
briefing, [1] the relevant legal authorities, and the
record as a whole, the Court DENIES Mr.
McSwain's [12] Motion to Modify Conditions of Release. He
shall remain in custody pending trial.
I.
BACKGROUND
The
Court draws on the briefing and the docket for certain
relevant proceedings in this matter. On February 27, 2019,
Mr. McSwain was arrested during a traffic stop when
Metropolitan Police Department officers allegedly found a
loaded gun on his person that lacked a serial number, and
they identified a prior felony conviction in a criminal
records database. See, e.g., Stmt. of Facts,
Criminal Compl., ECF No. 1-1, at 2; Gov.'s Opp'n at
1-2.
The
Government filed a sealed Criminal Complaint against Mr.
McSwain on February 28, 2019, containing two counts, namely
unlawful possession of ammunition by a person convicted of a
crime punishable by imprisonment for a term exceeding one
year, in violation of 18 U.S.C. § 922(g)(1), and receipt
or possession of a firearm unidentified by serial number, in
violation of 26 U.S.C. § 5861(i). Criminal Compl., ECF
No. 1. On March 1, 2019, Mr. McSwain initially appeared
before Magistrate Judge Deborah A. Robinson, who unsealed the
case, denied the Government's oral motion for temporary
detention, and denied Mr. McSwain's oral motion for an
immediate hearing on pretrial detention. Min. Entry for
Initial Appearance of Mar. 1, 2019. Nevertheless, it appears
that Mr. McSwain remained in detention without bond.
Id.
An
Indictment containing the same two charges was filed on March
4, 2019. ECF No. 3.[2]That same date, Magistrate Judge Robin M.
Meriweather held a detention hearing and granted the
Government's oral motion to commit Mr. McSwain to
custody. Min. Entry for Detention Hearing of Apr. 4, 2019;
Order of Detention Pending Trial, ECF No. 6. Mr. McSwain was
arraigned before this Court on March 15, 2019. Min. Order of
Mar. 18, 2019.
Mr.
McSwain has moved for pretrial release into HISP. Briefing
having concluded, his motion is ripe for decision.
II.
LEGAL STANDARD
The
touchstone of the pretrial detention inquiry is whether a
defendant's “release will not reasonably assure the
appearance of the person as required or will endanger the
safety of any other person or the community.” 18 U.S.C.
§ 3142(b). Imposition of a condition or combination of
conditions of release may be necessary to achieve such
assurance. Id. § 3142(c). Failing that, a
defendant is detained until trial. See Id. §
3142(a), (e); see also § 3142(d) (providing for
temporary detention in certain circumstances).
A
defendant may seek review of the decision of a magistrate
judge to detain him pending trial. Id. §
3145(b). In that event, this Court conducts the detention
inquiry de novo. See United States v.
Taylor, 289 F.Supp.3d 55, 63 (D.D.C. 2018) (observing
that the Court of Appeals of this Circuit has yet to confirm
standard of review, but applying standard recognized in
nearly all other circuits).
In
certain circumstances, the Court presumes-subject to rebuttal
by a defendant-that “no condition or combination of
conditions will reasonably assure the safety of any other
person and the community.” 18 U.S.C. § 3142(e)(2),
(3).
Regardless
of the rebuttable presumption, the Court must take the
following factors into consideration as it reviews the
magistrate's detention order:
(1) the nature and circumstances of the offense charged,
including whether the offense is a crime of violence, a
violation of section 1591, a Federal crime of terrorism, or
involves a minor victim or a controlled ...