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United States v. Boman

United States District Court, N.D. Iowa, Cedar Rapids Division

February 11, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
DONALD BOMAN, Defendant.

ORDER FOR PRETRIAL DETENTION

JON STUART SCOLES, Magistrate Judge.

On the 10th day of February, 2014, this matter came on for hearing on the Government's request to have the Defendant detained prior to trial. The Government was represented by Assistant United States Attorney Tony Morfitt. The Defendant appeared personally and was represented by his attorney, Christopher J. Nathan.

I. RELEVANT FACTS AND PROCEEDINGS

On January 29, 2014, Defendant Donald Boman was charged by Indictment (docket number 2) with being a felon in possession of a firearm. At the arraignment on February 6, 2014, Defendant entered a plea of not guilty and trial was scheduled before Chief Judge Linda R. Reade on April 7, 2014.

Officer Tracy Weems, who is currently assigned to the FBI Safe Streets Task Force, testified regarding the circumstances underlying the instant charge. On November 2, 2013, Cedar Rapids police officers responded to reports of a shooting on Ridgewood Terrace in Cedar Rapids. After arriving at the scene, officers spoke with Marcus Brown, who reported that Defendant shot at him and then went back inside his residence. Brown was not hit. Other neighbors also reported hearing a shot.

Officers called Defendant and asked him to come outside.[1] Defendant came outside and was arrested. Officers then searched the house. Jamie Cooper, Defendant's "significant other, " told officers that there was a gun in a dresser in the master bedroom. Apparently, Cooper had a permit for the gun. Officers found a.9 mm handgun in the dresser where Cooper described. Also found in the bedroom were two boxes of ammunition (containing 50 rounds and 40 rounds, respectively) and two magazines (containing 5 rounds and 4 rounds respectively). No fingerprints were found on the gun, but one of the ammunition boxes had Defendant's fingerprint on it. Officers later determined that the gun had been fired, but they can't say when. No "gunshot residue" test was performed on Defendant, to determine whether he had recently fired a gun. No shell casing was found outside, although officers reported that there was thick grass in that area.

Defendant admitted having a verbal altercation with Marcus Brown, and admitted intending to use a knife. Defendant told officers that he had heard a gunshot, but denied using the weapon. Defendant admitted he knew Jamie Cooper had a firearm in the residence and he had handled it in the past, but not that day.

Defendant is 40 years old. He has never been married and has no children. Defendant was born and raised in California, but spent most of his adult life in federal prison. Defendant apparently moved to Iowa in approximately 2011. He suffers from blood clots in his lungs and is prescribed blood thinning medication, and receives social security disability insurance benefits. Defendant has been diagnosed with post traumatic stress disorder and is prescribed medication for that condition. He denies any history of alcohol or substance abuse.

Defendant has a serious prior criminal record. In 1990, at age 16, he was adjudicated delinquent after hitting a store manager over the head with a full bottle of wine. At age 17, Defendant was adjudicated delinquent for grand theft auto. At age 18, Defendant was convicted after committing two robberies at Fort Carson, Colorado, on the same day. Both victims reported Defendant shot at them. Defendant subsequently received a federal prison term of 157 months.

Defendant was initially designated to FCI-Englewood, Colorado, but was transferred to FCI-Oxford, Wisconsin, for disciplinary reasons. Defendant was placed on disciplinary segregation numerous times for, among other things, assaulting others, possessing a 9-inch pick-type weapon, and fighting. In 1994, while at FCI-Oxford, Defendant assaulted another inmate with a metal object and was sentenced to an additional 51 months in federal prison.

On December 7, 2007, after more than 15 years in prison, Defendant was placed on supervised release. Approximately three weeks later, on December 30, while a resident at a half-way house, Defendant consumed alcohol and then escaped. His whereabouts were unknown until June 2008, when he was arrested in Linn County, Iowa, for public intoxication. Defendant's supervised release was revoked and he was given an additional six months in custody. Defendant was placed back on supervised release in January 2009, and terminated from supervised release in January 2011. It was apparently at that time that Defendant moved to Iowa.

II. DISCUSSION

The release or detention of a defendant pending trial is governed by the Bail Reform Act of 1984, 18 U.S.C. ยง 3142. In United States v. Salerno, 481 U.S. 739 (1987), the United States Supreme Court upheld the constitutionality of the Bail Reform Act of 1984, while noting that "[i]n our society liberty is the norm, and ...


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