UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

 

Case No. 22-mj-03656-TORRES

District of South Carolina (Charleston) Case No. 22-cr-00795

UNITED STATES OF AMERICA,

Plaintiff,

vs.

ANTWAN ANTONIO TAYLOR,

a/k/a “Blow”

Defendant.

________________________________/

ORDER OF DETENTION AND REMOVAL

THIS CAUSE came before the Court for a removal and detention hearing on October 

5, 2022, pursuant to Federal Rule of Criminal Procedure 5(c)(3)(D) and the Bail Reform Act, 

18 U.S.C. § 3142(f), to determine whether Defendant, Antwan Antonio Taylor

(“Defendant”), is the same person named in the Indictment and whether he should be 

detained pending trial. The United States has requested that Defendant be detained based 

upon danger to the community and risk of flight.

THE COURT has considered the factors enumerated in 18 U.S.C. § 3142(g), heard 

from the parties, their counsel, and witnesses at the October 5, 2022, hearing, and is otherwise 

fully advised in the premises. For the reasons that follow, this Court finds that the 

Government has established identity by a preponderance of the evidence. Additionally, this 

Court finds that no condition or combination of conditions will reasonably assure the safety 

of the community, and, therefore, Defendant shall be detained pending trial.

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In accordance with the provisions of Rule 5(c)(3)(D) and 18 U.S.C. § 3142(i), the Court 

hereby makes the following findings of fact and statement of reasons for the removal and 

detention:

I. FINDINGS OF FACT

A. Nature and Circumstances of the Offense

Defendant was indicted in the District of South Carolina 1and charged with 

conspiracy to possess with intent to distribute five kilograms or more of cocaine, in violation 

of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A) (Count 1), and knowingly 

making a false statement in connection with the acquisition and attempted acquisition of a 

firearm, in violation of Title 18, United States Code, Sections 922(a)(6), 924(a)(2), and 2

(Count 2). At the time of indictment, an arrest warrant for Defendant was issued. If convicted, 

he faces a minimum term of ten (10) years’ imprisonment and a maximum term of life 

imprisonment as to Count 1. As to Count 2, he faces a maximum term of ten (10) years’ 

imprisonment.

Given the nature of the charges, there is a rebuttable presumption that no condition or 

combination of conditions will reasonably assure the appearance of Defendant as required 

and the safety of the community. See 18 U.S.C. § 3142(e)(3)(A).

B. Weight of the Evidence

The weight of the government’s evidence is substantial. Through its proffer at the 

detention hearing, the Indictment, and cross-examination of Miami-Dade Police Department 

1 The Court takes judicial notice of the Indictment, dated September 20, 2022.

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Detective Terry Charles and DEA Special Agent Rodney Barboza, the United States 

demonstrated by a preponderance of the evidence that Defendant is the same person named 

in the Indictment and arrest warrant and established probable cause to find Defendant 

committed the charged offenses.

A comprehensive investigation conducted by state and federal law enforcement

revealed that Defendant was a significant source of supply of multi-kilograms of cocaine being 

trafficked between Florida and South Carolina beginning from at least May 2021 through the 

date of the Indictment. The investigation involved extensive surveillance of Defendant’s 

residence in South Carolina, trackers on Defendant’s numerous vehicles, and authorizations

for Title III wiretaps of cellular phone(s) of Defendant and co-conspirators for approximately 

five to six months. After a search warrant was executed at Defendant’s South Carolina 

residence and vehicles, law enforcement recovered approximately 18 kilograms of cocaine 

hidden within intricate traps or compartments inside Defendant’s vehicles. The evidence also 

shows that Defendant directed a co-conspirator, with no prior criminal record, to purchase a 

firearm on behalf of Defendant since Defendant is not allowed to own a firearm due to his 

prior felony conviction.

Law enforcement agents from South Carolina, who were familiar with the details of 

the investigation, were present during Defendant’s arrest in South Florida and were able to 

confirm that Defendant was the same person charged in the Indictment. When he was 

arrested, Defendant had driver’s licenses from Florida and South Carolina which showed the 

same date of birth, name, and photograph.

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The Court had the opportunity to observe and hear Detective Charles’ and Special 

Agent Barboza’s testimony, which this Court found credible.

C. History and Characteristics of the Defendant

The Court finds that Defendant has rebutted the presumption that he is a risk of flight.

Although Defendant primarily resides in South Carolina, he has substantial familial ties to 

the South Florida community, and despite his criminal history, he does not have any prior 

charges for failure to appear or absconding. 2 Moreover, numerous friends and family 

members personally appeared on Defendant’s behalf and indicated they would be willing to 

co-sign bonds and assure stable residence in the community. Therefore, the Court determined 

that the Government did not establish that no condition or combination of conditions could 

reasonably assure the Defendant’s appearance.

However, the Court finds that Defendant has not rebutted the presumption that he is 

a danger to the community. Defendant’s history and characteristics support detention based 

on danger to the community. As noted above, the Court finds that the weight of the evidence 

against Defendant is strong. Defendant participated in and directed a conspiracy to possess 

and distribute over 15 kilograms of cocaine, which is a serious offense. Defendant also has an 

extensive criminal history, including a state drug trafficking conviction for which he was 

sentenced to fifteen years’ imprisonment. Given the foregoing and Defendant’s role in the 

charged conspiracy and his criminal history, the Court finds that no condition or combination 

of conditions will reasonably assure that he will not present a danger to the community, 

2 The Court takes judicial notice of the Pretrial Services Report, dated September 30, 2022.

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including the possibility that he may continue to engage in or direct others to engage in 

dangerous narcotics and gun related felonies.

II. REASONS FOR DETENTION

When the United States seeks to detain a criminal defendant pending trial based on 

his status as a flight risk, it must prove by a preponderance of the evidence that no condition 

or set of conditions will reasonably assure his presence at trial. United States v. Medina, 775 

F.2d 1398, 1402 (11th Cir. 1985). By contrast, where the United States seeks to detain a 

defendant based on his potential danger to the community, it must show by clear and 

convincing evidence that no condition or combination of conditions will reasonably assure 

the safety of the community. Id.

In light of the nature and circumstances of the charges against Defendant, the 

significant prison time he faces if convicted, the weight of the evidence against him, his prior 

drug trafficking conviction, the information contained in the Indictment, and the evidence 

presented at the October 5, 2022 detention hearing, the Court finds that the United States has 

established by clear and convincing evidence that no condition or set of conditions would 

reasonably assure the safety of the community if Defendant were to be released on bond. 

Accordingly, Defendant must be detained pending trial in this matter.

III. CONCLUSION

For the reasons stated above, it is hereby

ORDERED that Defendant, Antwan Antonio Taylor, is committed to the custody of 

the Attorney General or a designated representative for confinement in a corrections facility 

separate, to the extent practicable, from persons awaiting or serving sentences or held in 

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custody pending appeal. Defendant must be afforded a reasonable opportunity to consult 

privately with defense counsel. On order of a court of the United States or on request of an 

attorney for the United States, the person in charge of the corrections facility must deliver 

Defendant to the United States Marshal for the purpose of court appearances. It is further

ORDERED and ADJUDGED that Defendant shall be transferred to the District of 

South Carolina for all further proceedings, and the Clerk of Court is directed to transmit all 

papers in connection therewith.

Although this written order is executed on this 14

th day of October, the Court 

announced its decision regarding detention as to Defendant on the record at the detention 

hearing held October 5, 2022, and, thus, this Order is effective as of October 5, 2022. 

DONE and ORDERED in Chambers at Miami, Florida, this 14

th day of October 

2022.

_________________________________________

MELISSA DAMIAN

UNITED STATES MAGISTRATE JUDGE

Copies furnished to: 

Counsel of Record

Pretrial Services (Miami)

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