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United States v. Osberg

United States District Court, N.D. Iowa, Western Division

May 18, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
DEIDRA LYNN OSBERG Defendant.

          OPINION AND ORDER ON APPEAL OF MAGISTRATE JUDGE'S DETENTION ORDER

          MARK W. BENNETT U.S. DISTRICT COURT JUDGE

         TABLE OF CONTENTS

         I. INTRODUCTION ........................................................................... 2

         A. Indictment And Detention Proceedings ......................................... 2

         B. The Appeal And Arguments ...................................................... 5

         II. LEGAL ANALYSIS ........................................................................ 7

         A. Applicable Standards ............................................................... 7

         B. Discussion ............................................................................ 9

         III. CONCLUSION ............................................................................ 11

         A defendant charged with possession with intent to distribute methamphetamine appeals a magistrate judge's order that she be detained pending trial. The prosecution responds that the magistrate judge correctly concluded that the defendant was properly detained, on the ground that she is a danger to the community. However, the prosecution disputes the magistrate judge's conclusions that the defendant rebutted the presumption of detention and that the prosecution failed to prove that the defendant was a risk of non-appearance and flight.

         I. INTRODUCTION

         A. Indictment And Detention Proceedings

         A March 22, 2018, Indictment charges defendant Deidra Lynn Osberg with possessing with intent to distribute a methamphetamine mixture containing 5 grams or more of actual (pure) methamphetamine, on or about January 23, 2018, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B). On April 5, 2018, counsel was appointed to represent Osberg, Osberg was arraigned on and pleaded not guilty to the single count of the Indictment, and Osberg was ordered detained pending a detention hearing on April 9, 2018. 04/05/18 Hearing Minutes; 04/05/18 Order Of Temporary Detention. A jury trial was initially scheduled for June 4, 2018, but the trial has since been continued to July 2, 2018. 04/06/18 Trial Management Order; 05/01/18 Order Continuing Trial. On April 6, 2018, the United States Probation Office filed a Sealed Pretrial Services Report.

         On April 9, 2018, United States Magistrate Judge Kelly K.E. Mahoney held a detention hearing at which the prosecution sought Osberg's pretrial detention, Osberg offered evidence by way of a proffer to support her argument for pretrial release, and Judge Mahoney heard arguments from both parties. On April 9, 2018, ...


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