U.S. v. Storme

Dist. Ct. did not err in terminating defendant’s pre-trial release and ordering him to be detained following hearing on defendant’s motion to dismiss charges alleging cyberstalking and unauthorized intrusion into cellphone. Record showed that: (1) after defendant’s arrest, he was released on bond into custody of his mother and was subject to conditions of curfew, psychiatric treatment and restricted use of technology; (2) day after his release, defendant attempted suicide, and Pretrial Services subsequently reported that defendant had violated curfew over 30 times; (3) defendant was also arrested for allegedly stalking fourth ex-girlfriend; (4) defendant had second episode of suicide threat; (5) prior to hearing on motion to dismiss, Dist. Ct. learned from Pretrial Services that defendant made third threat to kill himself if Dist. Ct. denied his motion to dismiss; and (6) after Dist. Ct. conducted hearing on motion to dismiss, it deferred ruling on motion and revoked defendant’s pretrial release. While Dist. Ct. should have given defendant sufficient notice of its contemplation of pre-trial release revocation issue and should have provided reasons for said revocation, no error under Bail Reform Act occurred, where record showed that: (1) defendant had violated terms of his pretrial release; and (2) although defendant’s suicide attempts were insufficient, by themselves, to support instant revocation, defendant’s unpredictable and erratic pattern of behavior presented danger to others that was sufficient to justify instant revocation.