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United States v. Padavic

United States District Court, C.D. Illinois, Springfield Division

February 26, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
ERIC PADAVIC, Defendant.

OPINION

SUE E. MYERSCOUGH, District Judge.

On February 11, 2014, the grand jury charged Defendant Eric Padavic by Indictment with Unlawful Transport of Firearms in violation of 18 U.S.C. § 922(g)(1). On February 20, 2014, Defendant was arrested. On February 21, 2014, Defendant appeared before the Court for an initial appearance and arraignment. The Government did not seek detention.

This Court ordered Defendant released on his own recognizance on an unsecured $10, 000 bond until Friday, February 28, 2014. As of February 28, 2014, Defendant shall remain on release so long as he posts 10% of a $5, 000 bond. This Court now sets forth in writing the reasons for the order of release subject to certain conditions. See Fed.R.App.P 9(a)(1) ("The district court must state in writing, or orally on the record, the reasons for an order regarding the release or detention of a defendant in a criminal case").

A judge shall order the pretrial release of a defendant on personal recognizance or upon the execution of an unsecured appearance bond in an amount specified by the judge unless the judge determines that such release will not reasonably assure the appearance of the person or will endanger the safety of any other person or the community. 18 U.S.C. § 3142(b) (requiring as a condition of release under § 3142(b) that the person not commit a Federal, State, or local crime during the period of release and that the person cooperate in the collection of a DNA sample if authorized by the DNA Analysis Backlog Elimination Act of 2000). However, if the judge determines that release under § 3142(b) will not reasonably assure the appearance of the person or will endanger the safety of any other person or the community, the judge shall order the pretrial release of the person subject to the same conditions required under § 3142(b) and such further least restrictive conditions, or combination of conditions, that will ensure the appearance of the person and the safety of any other person and the community. 18 U.S.C. § 3142(c)(1).

In determining whether there are conditions that will reasonably assure the appearance of the person and the safety of any other person and the community, the judge should consider:

(1) the nature and circumstances of the offense charged, including whether the crime is a crime of violence, a violation of section 1591, a Federal crime of terrorism, or involves a minor victim or a controlled substance, firearm, explosive, or destructive device;
(2) the weight of the evidence against the person;
(3) the history and characteristics of the person, including -
(A) the person's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings; and
(B) whether, at the time of the current offense or arrest, the person was on probation, on parole, or other release pending trial, sentencing, appeal, or completion of sentence for an offense under Federal, State or local law; and
(4) the nature and seriousness of the danger to any person or the community that would be posed by the person's release.

18 U.S.C. § 3142(g).

The information contained in the pretrial service report indicates that that Defendant poses a risk of nonappearance because of his previous failure to comply with probation in a state court case. Moreover, Defendant poses a risk of danger due to the nature of the present offense, Defendant's previous history of possessing weapons and similar criminal activity, and his previous failure to comply with probation in a state court case.

Specifically, Defendant has previous convictions for delivery of methamphetamine and unlawful sale of a firearm. Defendant faces a term of imprisonment in this case of up to 10 years. Further, Defendant pled guilty to transportation of alcohol by a ...


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