USA v. Hannah

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
United States of America v. Jessica Lynne Hannah
Case No. 3:19-cr-00115-TMB-MMS
By: 	THE HONORABLE TIMOTHY M. BURGESS
PROCEEDINGS: 	ORDER FROM CHAMBERS
The matter comes before the Court on the United States’ Appeal Pursuant to 18 U.S.C. § 3145 to
Revoke Magistrate’s Pretrial Release Order (“Appeal”).1 For the foregoing reasons, the Court
AFFIRMS the Pretrial Release Order.2
Defendant Jessica Lynne Hannah is charged with Attempted Possession with Intent to Distribute
a Controlled Substance, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B), and 846.3 She was
released to a third-party custodian but later remanded into custody after violating the conditions of
her release by twice testing positive for drugs.4
On March 5, 2020, Hannah filed a Motion for Bail Hearing (“Motion”).5 The United States
Probation/Pretrial Services Officer had notified defense counsel that a bed was available for
Hannah to attend an inpatient treatment program.6 Hannah therefore moved for release in order to
attend inpatient treatment and subject to any other conditions set forth by the Court.7 The United
States opposed, stating that Hannah’s previous violations despite the Court’s admonishments do
not warrant reopening the detention order.8
At the Bail Review Hearing on March 9, 2020, the Magistrate Judge found that releasing Hannah
to inpatient treatment was appropriate. The Magistrate Judge noted that Hannah had never
participated in a drug treatment program before, she was candid regarding her violative drug use,
signed a voluntary admission form, and voluntarily remanded into custody. At that point, the
United States made an oral motion to stay the release order, which was granted, and filed the
present Appeal.
1 Dkt. 42 (Appeal).
2 The Magistrate Judge’s Pretrial Release Order is presently stayed pending a decision on this
appeal. Dkt. 49.
3 Dkt. 3 (Indictment).
4 See Dkts. 15 (Order Setting Conditions of Release); 29 (Petition for Action on Conditions of
Pretrial Release); and 34 (Order of Detention).
5 Dkt. 37 (Motion).
6 Id. at 1.
7 Id.
8 Dkt. 41 (Opposition).
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The Court reviews the Magistrate Judge’s Pretrial Release Order de novo pursuant to 18 U.S.C.
§ 3145(a)(1).9 Under §§ 3142(e)(3)(A) and (f)(1), Hannah is subject to a rebuttable presumption
of detention. To make its finding regarding detention or release, the Court considers the factors
listed in § 3142(g), including: (1) “the nature and circumstances of the offense charged,” (2) “the
weight of the evidence against the person,” (3) “the history and characteristic of the person,” and
(4) “the nature and seriousness of the danger to any person or the community that would be posed
by the person’s release.”
Here, Hannah has rebutted the presumption of detention. Although the nature of the charged
offense is serious and there appears to be significant evidence against Hannah, her history and
characteristics weigh in favor of release. She is a young adult with family ties to Anchorage and
limited criminal history. Her prior conduct is consistent with having an addiction problem but she
has accepted responsibility for relapsing while on pretrial release and expresses a willingness to
participate in the treatment program. The Court is persuaded that Hannah should have the
opportunity to address her addiction. To that end, the Court finds that new, material information
does exist to warrant reconsideration of detention.10 The recent availability of a bed at an inpatient
treatment program, while less restrictive than her previous conditions of release, offers a different
combination of conditions that may directly address Hannah’s substance abuse issues and help
prevent future relapses. The Court notes that GPS location monitoring remains a condition of
Hannah’s release and, considering her previous voluntary remand, finds that Hannah does not pose
a risk of flight.
Accordingly, the Court FINDS that there is a combination of conditions that will reasonably assure
Hannah’s appearance and AFFIRMS the Pretrial Release Order.
Entered at the direction of the Honorable Timothy M. Burgess, United States District Judge.
DATE: March 11, 2020.
9 United States v. Koenig, 912 F.2d 1190, 1191‒92 (9th Cir. 1990).
10 See 18 U.S.C. § 3142(f)(2).
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