UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

-vsD-1 WILLIAM BORGIDA,

Defendant.

____________________________/

HON. STEPHEN J. MURPHY, III

NO. 09-20382

MOTION AND BRIEF IN SUPPORT OF GOVERNMENT’S

REQUEST FOR REMAND AT SENTENCING

The United States of America, by and through its attorneys, Barbara L.

McQuade, United States Attorney, and Erin S. Shaw, Assistant United States

Attorney, hereby moves for the remand of defendant WILLIAM BORGIDA at

sentencing. In support of its motion, the government states:

1. On August 12, 2009 defendant was indicted on charges of transportation and

possession of child pornography in violation of 18 U.S.C. §2252A(a)(1) & (5).

Defendant was released on bond, subject to the Adam Walsh conditions, at

his arraignment on August 21, 2009. Defendant reported that he spent the

summer months in New York and the winter months in Texas. The United

States agreed to accommodate his request to report to pretrial services in

Case 2:09-cr-20382-SJM-MAR Document 17 Filed 01/11/2010 Page 1 of 4
- 2 -

either of Ithaca, New York or Austin, Texas. Those offices assumed

responsibility of his supervision as a courtesy to the Detroit pretrial services

office.

2. Just days later, and before his electronic monitoring equipment had even

been installed in New York, defendant requested to travel around the

continental United States and internationally in connection with his dancing,

essentially vitiating pretrial services’ ability to monitor him electronically. A

bond review hearing was held before Judge Tarnow on August 27, 2009, at

which time defendant’s request for the return of his passport was denied,

international travel was prohibited and daily reporting to pretrial services was

required on days when he attended dance workshops outside of New York.

3. This case was reassigned to Judge Murphy on September 4, 2009. The

parties negotiated a Rule 11 Agreement and defendant pleaded guilty before

this Court on October 29, 2009. The United States did not object to

continuation of his bond.

4. Counsel for the United States was informed by Lester Thomas, the pretrial

services officer supervising defendant's case, that defendant requested

permission from to drive from New York to Austin, with many 2-3 day stops

along the way to visit various friends and without benefit of the required

electronic monitoring. Defense counsel informed that the move was

Case 2:09-cr-20382-SJM-MAR Document 17 Filed 01/11/2010 Page 2 of 4
- 3 -

necessary so that defendant could settle his affairs before beginning his

sentence and so that defendant could have knee surgery. The United States

agreed to allow defendant to fly to Austin from New York, such that his

electronic monitoring would be continued with minimum interruption.

5. In mid-December, counsel for the United States was informed by Lester

Thomas, the pretrial services officer supervising defendant’s case, that the

officers in Austin located pornography on defendant’s computer with their

computer monitoring software. Counsel for the United States contacted

defense counsel and defendant’s bond was amended under order of this

Court, by stipulation of the parties, to prevent him for using any computers or

the internet. 

6. According to the presentence report, defendant underwent arthroscopic repair

for his knee on December 9, 2009.

7. Defendant has presented many challenges while on bond. He has had ample

time to get his affairs in order and there is no reason to delay commencement

of his custodial sentence, particularly where he faces a mandatory minimum

term of at least 60 months. 

8. Defendant does not concur in the motion.

WHEREFORE, the government respectfully requests that this Court remand

Case 2:09-cr-20382-SJM-MAR Document 17 Filed 01/11/2010 Page 3 of 4
- 4 -

defendant at sentencing. 

Respectfully submitted,

BARBARA L. MCQUADE

United States Attorney

s/Erin S. Shaw 

ERIN S. SHAW

Assistant United States Attorney

211 West Fort Street, Suite 2001

Detroit, MI 48226

Telephone: (313) 226-9182

Facsimile: (313) 226-2621

E-mail: erin.shaw@usdoj.gov

Dated: January 11, 2010

Case 2:09-cr-20382-SJM-MAR Document 17 Filed 01/11/2010 Page 4 of 4