Alaska Employment Law

U. S. District Judge John Sedwick has reversed Magistrate John Roberts’ order permitting the pre-trial release of a criminal defendant charged with participating in an international marijuana distribution conspiracy.  Conviction under the federal statute brings a mandatory minimum sentence of ten years.

In his published Order, Sedwick said:

When a person charged with a crime of the type charged against Roberts appears before a judicial officer, a rebuttable presumption that he should be detained pending trial attaches pursuant to 18 U.S.C. § 3142(e) and (f)(1). To avoid detention pursuant to the presumption, the person charged must present some credible evidence that he will not flee and that he is not a danger to the community. United States v. Carbone, 793 F.2d 559, 560 (3rd Cir. 1986). Based on the record presented in the plaintiff’s motion, which depends on the accuracy of the reports of what transpired before the magistrate judge, the magistrate judge heard no evidence, but did accept defense counsel’s offer of proof that Roberts has significant ties to both Alaska and Washington. At most, such evidence might rebut the presumption of flight, although based on this court’s assessment of the overall situation it does not. Moreover, the offer of proof did not even address the question of Roberts danger to the community.

According to the information available to this court, the magistrate judge “did not take note of the serious allegations in the indictment involving the defendant.”  Doc. 13 at p. 6. Furthermore, as the record has been explained to this court, the magistrate judge did not consider requiring a third-party custodian, even when confronted with the fact that defendant is a regular user of marijuana. Roberts was released on his own recognizance in Oregon with an order that he thereafter appear in Alaska.

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Here, the record developed to date before the magistrate judge is insufficient to persuade this court that the conditions imposed by the magistrate judge — essentially no conditions except that the defendant shall refrain from smoking marijuana and transport himself to Alaska — are sufficient to assure Roberts’ appearance and the safety of the community.

U. S. v. Roberts, 2008 WL 2676332 (D.Alaska July 8, 2008)

James Barkeley represents the government; Kevin Fitzgerald  represents the defendant.