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United States v. Tyson
Citations: 50 V.I. 695; 2008 U.S. Dist. LEXIS 72386Docket: Criminal No. 2008-43
Court: District Court, Virgin Islands; September 23, 2008; Federal District Court
The Court affirms the pretrial detention order for defendant Shawn Tyson, who is charged with illegal firearms dealing under 18 U.S.C. § 922(a)(1)(A). The government requested his detention following a complaint filed on August 1, 2008, and a hearing held on August 6, 2008. At the hearing, the government presented testimony from ATF agent Penny Stricklin, who detailed Tyson's declaration of firearms in luggage while traveling to St. Thomas, where he was arrested. Eleven firearms, including an assault rifle, were found in his luggage, along with substantial ammunition. Records indicated Tyson had previously purchased multiple firearms and transported them to St. Thomas throughout 2008. Despite a search of his home yielding no firearms, Tyson's lack of employment and membership in the Tennessee National Guard were noted. Tyson's mother testified on his behalf, indicating her long-term residency in St. Thomas and her limited knowledge of his earlier trips. The Court emphasizes that pretrial detention is an exception to the norm of liberty, as outlined in the Bail Reform Act, and that a district court reviewing a magistrate's detention order must conduct a de novo review, reaching an independent conclusion rather than deferring to the magistrate's judgment. In a de novo review of a magistrate judge’s pretrial detention order, the district court may consider the evidence presented during the magistrate's proceedings without needing to restart the review process. Although not required, the court has discretion to hold an evidentiary hearing if deemed necessary. Pretrial detention can only be ordered if a judicial officer determines that no conditions will ensure the defendant's appearance and the safety of the community, based on four factors: the seriousness of the offense, the weight of the evidence, the defendant's history and characteristics, and the potential danger to the community. The government must prove risk of flight by a preponderance of the evidence and dangerousness by clear and convincing evidence, with either finding being sufficient to justify detention. In this case, the court finds that Tyson does not present a flight risk due to his ties to multiple communities and lack of criminal history. However, the factors regarding community safety strongly favor detention. Tyson is charged with serious offenses involving unlicensed firearm dealing, including possession of eleven guns, which poses a significant risk to community safety. Although Tyson has support from his mother, the court is not persuaded that he would not pose a threat if released. Consequently, the court denies Tyson's motion to revoke or amend the magistrate judge’s order for pretrial detention.