DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. THOMAS AND ST. JOHN
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UNITED STATES OF AMERICA,
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Plaintiff,
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3:10-cr-2-01
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v.
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RAHEEM RAYMOND SMITH,
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Defendant.
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____________________________________5
TO:
Ishmael Meyers, Jr., Esq., AUSA
Jesse Gessin, Esq., AFPD
ORDER DENYING GOVERNMENT’S MOTION TO DETAIN
THIS MATTER came before the Court on January 20, 2010, for hearing upon the
government’s oral motion to detain Defendant pending trial.  The government was
represented by Ishmael Meyers, Jr., Esq., AUSA.  Jesse Gessin, Esq., AFPD, appeared on
behalf of Defendant.  Defendant also was present.
I.
Authorization for Detention Hearing
18 U.S.C. § 3142(f) allows such hearing in a case where the defendant is charged with
““an offense for which a maximum term of imprisonment of ten years of more is prescribed
in the Controlled Substances Act” or that “involves . . . a serious risk that such person will
flee.”  Defendant is charged with, in addition to other counts, conspiracy to distribute a
Case: 3:10-cr-00002-CVG-RM   Document #: 9   Filed: 01/20/10   Page 1 of 3
United States v. Smith
3:10–cr-2-01
Order
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controlled substance in violation of 21 U.S.C. § 846.  The government also asserts that
Defendant is a flight risk.
II.
Consideration of Detention
Title 18 U.S.C. § 3142(e) authorizes the Court to detain a defendant unless the Court
finds that there exists a “condition or combination of conditions [that] will reasonably
assure the appearance of the persons as required and the safety of any other person and
the community.”  Section 3142(g) enumerates factors to be considered:
(1) whether the offense is a crime of violence or involves a narcotic
drug;
(2) the weight of the evidence against the person;
(3) the history and characteristics of the person, including whether, at
the time of the current offense or arrest, defendant was on probation, or
parole from a prior offense;
(4) the nature and seriousness of the danger to any person or the
community that would be posed by the person’s release.
The Court notes that Defendant is charged with offenses involving a narcotic
drug.  However, the Pretrial Services Report notes that the current charges are the only
ones revealed by an NCIC search.  Moreover, Defendant has ties to this jurisdiction and has
offered his uncle, his father, and his mother as a proposed third-party custodians, as well
as property to secure his release.
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United States v. Smith
3:10–cr-2-01
Order
Page 3
Accordingly, the Court finds that there are conditions which would reasonably
ensure the safety of any other person or the community and the appearance of Defendant
as required.
WHEREFORE, it is hereby ORDERED:
1.
The government’s motion to detain Defendant is DENIED.
2.
Defendant Raheem Raymond Smith may be released into the custody of
GENE SMITH and LERNA THOMAS, upon compliance with the Order
Setting Conditions of Release filed separately.
ENTER:
Dated: January 20, 2010
/s/ George W. Cannon, Jr.                           
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
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