United States District Court, N.D. Iowa, Cedar Rapids Division
ORDER FOR PRETRIAL DETENTION
JON STUART SCOLES, Chief Magistrate Judge.
On the 13th day of May, 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 Lisa C. Williams. The Defendant appeared personally and was represented by his attorney, Jill M. Johnston.
I. RELEVANT FACTS AND PROCEEDINGS
On May 7, 2014, Defendant Stephen Roshon Dorsey was charged by Indictment (docket number 3) with conspiracy to distribute crack cocaine (Count 1) and distribution of crack cocaine near a school (Count 3). At the arraignment on May 8, 2014, Defendant entered a plea of not guilty and trial was scheduled before Chief Judge Linda R. Reade on July 7, 2014.
Cedar Rapids Police Officer Jerry Hicks, who is currently assigned to the DEA Task Force, testified regarding the circumstances underlying the instant charges. In 2013, the Task Force received information that Kenneth Williams (a codefendant in this case) was selling crack cocaine in the Cedar Rapids area. The Task Force conducted a series of controlled buys from Williams, beginning in April 2013.
In May 2013, a confidential informant ("CI") called Williams and arranged to purchase crack cocaine. Defendant arrived at the specified location in a vehicle being driven by a woman. The CI got into the vehicle and it drove off. Officers attempted to maintain surveillance, but "lost it." Some time later, the vehicle returned to the area - this time without the woman - and Defendant dropped the CI off. A traffic stop was initiated and officers identified Defendant.
According to Task Force Officer Hicks, Williams and Dorsey spent time together. In the summer of 2013, officers responded to a call of "suspicious subjects" and found Williams and Defendant. Hicks estimated that during the course of the investigation, approximately eight phones were used to arrange drug purchases. Both Williams and Defendant used one or two of those phones. Hicks did not know to whom the phone numbers were assigned.
On December 30, 2013, the CI again contacted Williams and arranged to purchase crack cocaine. The CI was given instructions to go to a meeting place. Following the call, officers observed Defendant leave Williams' residence and drive to the meeting place. The CI got in the vehicle and allegedly purchased crack cocaine. The CI then got out of the vehicle and officers followed Defendant as he returned to Williams' residence.
In March 2014, a search was conducted at Williams' residence. Crack cocaine and packaging was found. Williams admitted that he had been selling crack cocaine in Cedar Rapids for the past two years.
According to the pretrial services report, Defendant is 32 years old. He was born and raised in Chicago, but relocated to Cedar Rapids in 2004. Defendant has never been married, but has three children from two prior relationships. The children live with their mothers in Chicago. Defendant's father and seven siblings all reside in Illinois.
Defendant is engaged and if released planned to return to his fiance's residence in Cedar Rapids. For the past two months, Defendant has worked through a temporary employment service at Heinz Quality Chef Foods in Cedar Rapids. In 2013, Defendant worked for approximately six months at Tyson Pet Products.
Defendant is in good health and has no history of mental or emotional health concerns. Defendant admitted that since age 15 he has smoked marijuana on a daily basis, when he is not incarcerated. He last smoked marijuana on the day of his arrest in this case (May 8, 2014).
Defendant has a serious prior criminal record. At age 15, Defendant was charged in Cook County, Illinois, with armed robbery with a firearm. Defendant was sentenced to ten years in prison and was paroled after approximately four and one-half years. While on parole, Defendant was charged with possession of cannabis and, in a separate incident, convicted of retail theft. His parole on the armed robbery charge was revoked and he was given a one-year prison term on the theft charge. Defendant was paroled again in May 2005.
In March 2006, while on parole, Defendant was charged with possession of cannabis. In May 2006, while still on parole, Defendant was charged again with possession of cannabis. Both charges were stricken off with leave to ...