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Extracted Text (OCR)
Cdsest 271-80 Pextauvent Bed di BA62 Filet66206/Phg Peye di116616
combination of conditions, that will reasonably assure Mr. Robertson’s appearance and the safety
of any person and the community. His pretrial release is therefore required by 18 U.S.C. § 3142(e).
lil. Mr. Robertson’s Release is Necessary for the Preparation of His Trial Defense
Under 18 U.S.C. § 3142(i).
The Court additionally finds that Mr. Robertson’s release is necessary for the preparation
of his trial defense under 18 U.S.C. § 3142(i). That section allows a judicial officer who issued an
order of detention to, by subsequent order, “permit the temporary release of the person, in the
custody of a United States marshal or another appropriate person, to the extent that the judicial
officer determines such release to be necessary for preparation of the person’s defense or for
another compelling reason.” § 3142(i).2 The defendant bears the burden of establishing their
entitlement to temporary release under § 3142(i). United States v. Clark, 448 F. Supp. 3d 1152,
1155 (D. Kan. 2020) (citation omitted). Courts considering whether pretrial release is necessary
for the preparation of the person’s defense have considered: “(1) [the] time and opportunity the
defendant has to prepare for the trial and to participate in his defense; (2) the complexity of the
case and volume of information; and (3) expense and inconvenience associated with preparing
while incarcerated.” United States v. Boatwright, ---F. Supp. 3d---, No. 2:19-CR-00301-GMN-
DJA, 2020 WL 1639855, at *4 (D. Nev. Apr. 2, 2020) (unreported) (citations omitted).
Here, all of those factors weigh in favor of release. Because Mr. Robertson’s trial will be
reset for April 5, 2021, he and his defense team have only two months left to prepare.
> While the Court recognizes that Magistrate Judge Briones is the judicial officer that issued Mr.
Robertson’s initial order of detention, this matter is before the Court on Mr. Robertson’s request that the
Court review that detention order under 18 U.S.C. § 3145(b). See Doc. 274 at 1. The Tenth Circuit has not
yet ruled on whether a request for temporary release under 18 U.S.C. § 3142(i) can only be decided by the
Magistrate Judge that issued the initial order of detention. See United States v. Alderete, 336 F.R.D. 240,
268 (D.N.M. 2020). But at least one other federal district court has recently considered and granted pretrial
release under that section. See United States v. Stephens, 447 F. Supp. 3d 63, 66-68 (S.D.N.Y. 2020)
(Nathan, J.); but see Alderete, 336 F.R.D. at 268.
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Extracted Information
Document Details
| Filename | DOJ-OGR-00020219.jpg |
| File Size | 840.4 KB |
| OCR Confidence | 93.8% |
| Has Readable Text | Yes |
| Text Length | 2,601 characters |
| Indexed | 2026-02-03 19:53:44.150134 |