IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
May 6, 2008
UNTIED STATES OF AMERICA, PLAINTIFF,
GREGORY HOGAN, DEFENDANT.
The opinion of the court was delivered by: Proud, Magistrate Judge
Before the Court is defendant Gregory Hogan's motion to set bond (Doc. 130), which the Court construes as a motion for reconsideration of the order of detention entered March 31, 2008 (Doc. 101).
The government objects to defendant's motion. (Doc. 131). The government argues that there is a presumption of detention, in accordance with 18 U.S.C. § 3142. In addition, the government cites five drug-related convictions since 1990, and a domestic assault conviction in 2005, for which defendant Hogan was fined. Lastly, the government notes that Hogan has a conviction for failing to appear in municipal court in 1997.
The Court has considered the arguments of defendant Hogan and the government, re-reviewed the Pretrial Services Report, and consulted with the Probation Office, which now recommends release with conditions.
Defendant has rebutted the presumption under 18 U.S.C. § 3142(e) that no condition or combination of conditions will assure the safety of the community and the defendant's appearance as required through trial. Defendant's criminal history is relatively minor, and distant. In addition, defendant has long ties to the community and a history of steady employment.
IT IS THEREFORE ORDERED that defendant Hogan's motion for bond and/or to reconsider the detention order entered March 31, 2008 (Doc. 130) is GRANTED. The terms of release will be established by separate order.
IT IS SO ORDERED.
CLIFFORD J. PROUD U. S. MAGISTRATE JUDGE
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