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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA, Case No. 09-20105 

 

Plaintiff, Sean F. Cox

United States District Judge

vs. 

 Michael Hluchaniuk

AKIL JUMA YOUNG, United States Magistrate Judge 

 

Defendant. 

 / 

ORDER GRANTING RECONSIDERATION ON DEFENDANT’S

MOTION FOR REASONABLE BOND (Dkt. 28)

Defendant is charged with controlled substance and firearm offenses. On

March 13, 2009, defendant was detained following a hearing on the government’s

motion for detention. The decision to detain defendant pending trial was a very

close decision given defendant’s ties to the Flint community and his lack of

criminal history. On May 21, 2009, defendant filed a motion for reconsideration of

the detention order citing difficulty in the preparation of a defense due to

defendant’s incarceration, defendant’s strong ties to the community, the continuing

need to care for defendant’s seven year old daughter (defendant has shared custody

of the child with his ex-wife), and the willingness of defendant’s mother to serve as

a third party custodian if defendant is released on bond.

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While the government has not agreed to bond being set in this matter, on

reconsideration of the earlier decision for detention, the undersigned now believes

that conditions of bond can be set that will ensure the defendant’s appearance at

future court proceedings and the safety of the community. Therefore, the motion

to set reasonable bond will be granted under the following conditions:

(1) Defendant will post an unsecured bond in the amount of $100,000;

(2) Defendant will report to Pretrial Services as directed;

(3) Defendant will surrender any passports he currently possesses and any

identification he possesses in a false or assumed name;

(4) Defendant’s travel will be limited to the State of Michigan unless he

obtains the express permission of Pretrial Services;

(5) Defendant must not possess any firearms or dangerous weapons;

(6) Defendant must not possess or consume any controlled substance

except as may be prescribed by a doctor;

(7) Defendant must reside with his mother and only at that location.

Defendant’s mother will serve as a third party custodian and is

required to report any possible violation of bond conditions to Pretrial

Services;

(8) Pretrial Services has the discretion to establish a curfew for defendant

and to use electronic monitoring when such procedures are deemed

necessary and reasonable;

(9) All other standard conditions of bond will be applicable to defendant’s

release; and

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(10) Defendant is not to have any contact with any co-defendant in this

case or anyone who is a potential witness in this case.

Based on the foregoing, the motion to set bond is GRANTED and defendant

is to be released as soon as all the necessary papers are signed.

IT IS SO ORDERED.

s/Michael Hluchaniuk 

Date: May 27, 2009 Michael Hluchaniuk

United States Magistrate Judge

CERTIFICATE OF SERVICE

I certify that on May 27, 2009, I electronically filed the foregoing paper with

the Clerk of the Court using the ECF system, which will send notification of such

filing to the following Craig Wininger, Michael P.Manley, and I hereby certify that

I have hand delivered or mailed by United States Postal Service the paper to the

following non-ECF participants: Pretrial Services Officer, United States Marshal.

s/James P. Peltier 

Courtroom Deputy Clerk

U.S. District Court

600 Church Street

Flint, MI 48502

(810) 341-7850

pete_peltier@mied.uscourts.gov

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