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November 7, 1985


The opinion of the court was delivered by: Bua, District Judge.


Before the Court is the defendants' motion to review and revoke the Magistrate's detention order. For the reasons stated herein, the defendants' motion is denied.


Defendants Sandra Campbell, Troy Campbell and Lawrence Lee join in a motion to review and revoke the Magistrate's detention order entered on October 2, 1985. On April 16, 1985, defendants were charged in complaint 85 CR 232 with conspiring to possess cocaine with intent to distribute. Each defendant appeared before Magistrate James T. Balog on those charges and, without objection by the government, was released on bond.

On July 9, 1985, these defendants were indicted in United States v. Roosevelt Daniels, et al., 85 CR 232, charging each of them with conspiracy to distribute and possess with intent to distribute cocaine. Sandra Campbell was also charged with racketeering, in violation of 18 U.S.C. § 1962(c). Lawrence Lee was also charged with distribution of cocaine. The other defendant, Roosevelt Daniels, was ordered detained by Magistrate Balog after his arrest on April 15, 1985. The detention order was affirmed by the Seventh Circuit Court of Appeals. United States v. Daniels, 772 F.2d 382 (7th Cir. 1985). He has been incarcerated in the Metropolitan Correctional Center (MCC) since that date.

In August 1985 the Federal Bureau of Investigation (FBI) instituted court-ordered monitoring of two telephones on the 13th floor of the MCC, the floor on which Daniels was detained. The monitoring of the above-described telephones revealed that Daniels utilized the telephones to conduct his narcotics operation while confined in the MCC. During approximately the first 20 days, Daniels called Sandra Campbell approximately 24 times, and Campbell, using a three-way calling feature, patched Daniels through to his associates and employees in his narcotics business.

Based on these conversations, the government procured a search warrant for the residence of Sandra Campbell. The warrant was executed at 1:20 a.m. on September 6, 1985, and the two Campbells and Lee were arrested. These three defendants appeared before Magistrate Balog on September 6, 1985 in complaint 85 CR 619. The government did not pursue formal charges and these defendants were discharged.

On September 23, 1985, defendant Lawrence Lee was arrested on complaint 85 CR 619 and charged with conspiring to possess with intent to distribute cocaine between August 7, 1985 and September 24, 1985. On September 24, 1985, defendants Sandra Campbell and Troy Campbell were arrested on complaint 85 CR 619. At their arraignment on September 24, the government informed Magistrate Balog that it considered defendants to be dangers to the community and moved for their detention. Magistrate Balog ordered defendants held for ten days, excluding weekends and holidays, under 18 U.S.C. § 3142(d), in order to give this Court the opportunity to rule on revocation of the bond set in complaint 85 CR 232.

Defendants' counsel and the government appeared before this Court on September 26, 1985. At that time, the Court agreed that, since Magistrate Balog was going to have to hold a preliminary hearing on complaint 85 CR 619 and the evidence offered by the government would be the same as that offered at a detention hearing, it made sense to have a combined preliminary hearing/detention hearing before Magistrate Balog.

On September 27, 1985, the parties appeared before Magistrate Balog and scheduled a detention hearing for the next day. On September 28, 1985, the detention hearing was held at the MCC. At that hearing, the Magistrate found probable cause to support complaint 85 CR 628, which supersedes 85 CR 619, as to the two Campbell defendants and Lee. At the hearing, the various defense counsels were given the opportunity to present testimony and to examine the government's witnesses. Although defense counsels recognized that there was a rebuttable presumption in favor of continued detention, they declined to present any evidence. Instead, they relied chiefly on the untimeliness of the detention hearing under 18 U.S.C. § 3142(f).

Magistrate Balog rejected the untimeliness argument and, in light of his finding of probable cause, the unrebutted evidence that the defendants constituted a danger to the community, and the unrebutted presumption that no combination of conditions could reasonably assure the appearance of the defendants and the safety of the community, ordered the defendants detained pending trial pursuant to 18 U.S.C. § 3142(e), (f) and (g). See Detention Order, United States v. Daniels, No. 85 CR 628 (N.D.Ill. October 2, 1985) slip op. at 5. The defendants have filed this motion, pursuant to 18 U.S.C. § 3145(b), to revoke the detention order.


  A.  Timeliness of Government's Request for Pretrial

Pretrial detention under 18 U.S.C. ยง 3142(e) may be ordered only after a hearing pursuant to subsection (f). United States v. Alatishe, 768 F.2d 364, 367 (D.C. Cir. ...

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