United States v. Bendann

Full title: UNITED STATES OF AMERICA v. CHRISTOPHER KENJI BENDANN

Court: United States District Court, District of Maryland

Date published: Sep 7, 2023

Facts

The defendant was initially arrested on February 3, 2023, by Maryland law enforcement officers on state charges related to alleged child sexual abuse against an individual known in filings as Minor Victim. (ECF No. 14 at 2.) The Defendant was released to home detention with electronic monitoring by the state court on February 21, 2023. (ECF No. 14 at 2-3.) On August 18, 2021, federal officials arrested Defendant on new charges related to the same conduct. (ECF No. 21.)  This Court’s Pre-trial Services Office recommended detention, and, in a well-reasoned opinion and order, Magistrate Judge Coulson granted the Government’s request to detain the Defendant pre-trial. (ECF No. 20.) The Defendant has requested a review of that detention order under 18 U.S.C. §3145(b).

Issue

(1) the nature and circumstances of the offense charged, including whether the offense 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 on 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).

Decision

The Court finds that the conditions set out in the attached draft order are the minimum. necessary to reasonably assure community safety and the Defendant’s appearance in court. Among others, one objective and effect of these conditions is to isolate the Defendant from accessing the Internet and from any ability to use the Internet to communicate. In the circumstances of this case, this stringent condition is fully warranted.

A further hearing is set for Friday, September 8, 2023, at 1:00 p.m. The Defendant must be present. Provided the Defendant and the proposed third-party custodian are prepared to execute their portions, the release order will be entered at that time. The Defendant will be released thereafter and by the order only if he and his third-party custodian can satisfy the terms of the order, and only if the Pretrial Services Office can first approve the residence and the third-party custodian, and accomplish the setup of electronic home monitoring.

The Defendant will be released from custody, subject to conditions.


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