Free Letter - District Court of Delaware - Delaware

- Case 1 :07-cr-00004-JJF Document 9 Filed 10/30/2007 Page 1 of 2
J _i,_____ U.S. Department of Justice
` . United States Attorney ’s Ojjice
_ District of Delaware
. The Nemours Building (302) 573-62 77
1007 Orange Street, Suite 700 FAX (302) 573-6220
P. O. Box 2046
_ Wilmington, Delaware 19899-2046
` October 30, 2007
BY CM/ECF .
Honorable Mary Pat Thynge
United States Magistrate Judge -
` United States District Court
for the District of Delaware c
844 King Street
` Wilmington, Delaware 19801
‘ - RE: United States v. Fuller, Cr. A. N0. 07-04 -
Dear Magistrate Judge Thynge:
This case was indicted on January 9, 2007. On October 19, 2007, the defendant had a .
. detention and identity hearing in the Southern District of Texas. The United States Magistrate _
Judge who heard the case in Texas released the defendant following the hearing. The United a
States filed a motion in the District of Delaware to revoke that decision under 18 U.S.C. § 3145 Q
as soon as it received a written copy ofthe bail order.
· - Your Honor has scheduled an initial appearance in Delaware on November 1, 2007. The
_ govemment believes, however, that the jurisdiction to hear the revocation motion lies with the
. District Court Judge assigned to this case. See 18 U.S.C. § 1345(a)(1); United States v. Cisneros,
328 F.3d 610, 615 (10“‘ Cir. 2003) (holding that only the district judge in the charging district
should review the bail order issued by a magistrate judge in the arresting district, and finding that
= an initial review by a magistrate judge in the charging district, while harmless error, was an
. ‘ improper procedure); United States v. Torres, 86 F.3d 1029, 1031 (11* Cir. 1996); United States `_
` ‘ v. Evans, 62 F.3d 1233, 1237-8 (9th Cir. 1995); David N. Adair, Jr., The Bail Reform Act of
1984, Third Edition at 33 (Federal Judicial Center 2006). Q
The docket sheet in this case does not indicate that the case has been assigned. Because n
` _ the case is related to a number of others pending before the Honorable Joseph J. Farnan, Jr., the
govemment expects that this case will be assigned to Judge Faman; however, that, of course, is -a _
matter for the Comt to decide. The government does believe that it is the interests of the parties `
and judicialeconomy that the bail issue be heard de novo on November 1, 2007, and respectfully .

_ Case 1 :07-cr-00004-JJF Document 9 Filed 10/30/2007 Page 2 of 2
Letter to Honorable Mary Pat Thynge
October 30, 2007 _
` Page 2
_ requests that the hearing be held on that date.
I The government has ordered an expedited transcript of the October 19 hearing. The
I _ government understands that the transcript will not be ready prior to November 5, 2007. The
. government today obtained the audio recording of the October 19 hearing and is forwarding it to
the Court by hand with this letter. Counsel for the government understands that the recording is
about two hours long, but has not completed reviewing the recording to determine if it is
complete. .
Finally, for the Cou1t’s information, the government understands that Robert Turner,
_ I Esquire, of Houston Texas, will be entering his appearance in this case.
Very truly yours,
COLM F. CONNOLLY
United States Attorney
BY; f K /% ¥»—s
Douglas . McCann
p Assistant UnitedStates Attorney
Enclosure _
cc: Robert Turner, Esquire -