United States v. Olson

Summary

The United States District Court for the District of Columbia denies Erlend Olson’s motion to reconsider his pretrial detention order and his request for an evidentiary hearing. The Court concludes that the new information concerning Olson’s health and the anticipated length of pretrial proceedings does not materially alter the prior findings that he presents a flight risk, based on the seriousness of the charges, sentencing exposure, foreign ties, financial circumstances, and alleged witness tampering. Olson is ordered to remain detained pending trial.

Holdings

1. A detention hearing may be reopened only upon information that was unknown to the movant at the original hearing and that materially bears on whether conditions of release can reasonably assure the defendant's appearance or community safety; Olson's asserted discovery burden, projected trial delay, alleged release-history explanations, and health information did not satisfy that standard.
2. Continued pretrial detention was appropriate because the government proved by a preponderance of the evidence that no condition or combination of conditions would reasonably assure Olson's appearance.
3. Olson was not entitled to an evidentiary hearing because the information he presented did not warrant reopening the detention hearing.

Questions Presented

1. Whether Olson presented previously unknown information with a material bearing on the conditions of release sufficient to reopen his detention hearing under 18 U.S.C. § 3142(f)(2)(B).
2. Whether the four factors in 18 U.S.C. § 3142(g), considered in light of Olson's asserted health conditions and projected delay before trial, established that conditions of release could reasonably assure his appearance.
3. Whether Olson was entitled to an evidentiary hearing on the asserted changed circumstances.

Disposition

other