MEMORANDUM OPINION
ROSEMARY M. COLLYER UNITED STATES DISTRICT JUDGE.
Eric
Scott requests release pending trial pursuant to 18 U.S.C.
§ 3142. Mr. Scott is charged by indictment in eight
counts of a fifty-five count indictment, including for one
count of conspiracy to distribute and possess with intent to
distribute one kilogram or more of a mixture and substance
containing a detectable amount of phencyclidine (PCP) in
violation of 21 U.S.C. §§ 841(a)(1),
841(b)(1)(A)(iv), and 841(b)(1)(B)(iv). See Indictment [Dkt.
1] at 3, 5-7, 13-14 (counts 1, 2, 42, 43, 44, 45, 46, and
47). The Court held a bond review hearing on June 5, 2019 and
took the motion under advisement. After considering all of
the arguments made in the briefs and at the hearing, the
Court will deny Mr. Scott's Motion for Bond. This
memorandum is prepared in compliance with the statutory
obligation that “the judicial officer shall . . .
include written findings of fact and a written statement of
the reasons for the detention.” 18 U.S.C. §
3142(i)(1).
I.
FINDINGS OF FACT
A.
Description of the Offense
At the
detention hearing, the United States proceeded by proffer
based on the Indictment and its detailed opposition brief.
Gov't's Opp'n to Def.'s Mot. for Bond Review
(Opp'n) [Dkt. 63]; see also Mot. for Review of Order of
Detention by Agreement (Mot.) [Dkt. 61]. Mr. Scott stresses
that none of the allegations against him involves the use of
or possession of a weapon or any acts of violence and
contests whether the car in which the drugs were located was
his car. The Court makes the following findings of fact:
Mr.
Scott was arrested in December 2017 after an investigation of
narcotics trafficking in the Washington, D.C. area conducted
from approximately November 2015 to March 2018 by the Federal
Bureau of Investigation (FBI) and the Bureau of Alcohol,
Tobacco, Firearms, and Explosives (ATF). The investigation
included controlled purchases by confidential sources
assisting the FBI and ATF, physical surveillance,
interception of wire and electronic communications, and
execution of search warrants, among other tools.
Through
interceptions of other target phones and those speaking with
Mr. Scott's phone, the government concluded that Mr.
Scott was engaged in the distribution of various narcotics,
including PCP, cocaine base, cocaine, heroin, and marijuana.
The prosecutor did not cite to specific calls or indicate
what language or terms lead the government to believe Mr.
Scott was engaged in the distribution of narcotics.
Surveillance
units observed Mr. Scott on May 4, 2017 “conducting
what was believed to be a drug transaction.” Opp'n
at 2. The government proffered that Mr. Jahi Marshall entered
the front passenger seat of Mr. Scott's vehicle, sat for
a short time, exited the vehicle, and walked behind some
bushes to an area the government believed to be a
“stash location.” Id. at 3. Law
enforcement attempted to stop Mr. Scott's vehicle after
Mr. Marshall exited, but Mr. Scott fled the scene and
eventually crashed. Id. Mr. Scott was not arrested
on May 4, 2017, but was permitted to go to the hospital to
seek medical assistance. However, en route to the hospital,
Mr. Scott asked the paramedics to release him from their
vehicle and they did so.
Law
enforcement searched the vehicle that Mr. Scott had crashed
after he left the scene for the hospital and recovered
“a glut of illegal narcotics and drug trafficking
paraphernalia, particularly PCP, cocaine base, cocaine,
heroin, marijuana, a plastic funnel, numerous empty glass
vials commonly used for PCP, a digital scale with white
powdery residue, a package of razor blades and $3, 677 in
U.S. Currency.” Id. Law enforcement also
recovered Mr. Scott's cellular telephone, which revealed
“photos of large quantities of drugs on scales that
appeared to be cocaine and heroin” as well as “a
video of a large block of cocaine with Scott narrating that
he does not put anything on his stuff.” Id.
Mr.
Scott was charged in a Complaint on May 5, 2017 although he
was not apprehended and arrested until December 2017.
Agents
executed a search warrant at Mr. Scott's residence on May
19, 2017 and recovered a vial of PCP, glass vials, a digital
scale, and several cell phones. Id. at 4.
B.
Criminal History of the Defendant
Based
on a preliminary criminal history calculation prepared by the
United States Probation Office for the District of Columbia,
the Court has information about Mr. Scott's criminal
history. See Scott Pre-Plea Criminal History Calculation
[Dkt. 36]. Mr. Scott has two prior criminal convictions and
was under supervised release at the time of the alleged
offense on a 2005 conviction in the United ...