USA v. Brown et al

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
vs.
RANDY L. GARRISS,
Defendant.
4:17-CR-40058-KES
ORDER DENYING APPEAL OF
DETENTION ORDER
Defendant, Randy Garriss, filed an objection and appealed the order of
detention issued by Magistrate Judge Duffy on September 24, 2018. Docket 56.
A hearing on this objection was held on October 19, 2018. Docket 61. In the
hearing the court reviewed de novo the record and the September 24, 2018
detention findings of Magistrate Judge Duffy. In accordance with the Bail
Reform Act, 18 U.S.C. § 3142(f), the court concludes that the following facts
require the detention of the defendant pending trial in this case.
Part I - Findings of Fact
(1) 	There is a serious risk that the defendant will not appear.
Part II - Written Statement of Reasons for Detention
I find that the credible testimony and information submitted at the
detention hearing held on September 24, 2018 and the October 19, 2018
hearing establishes that:
The defendant is charged in the indictment with conspiracy to defraud
the United States and impeding the Internal Revenue Service in violation of 18
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U.S.C. §§ 371 and 26 U.S.C. § 7212(a). Because the defendant has been
indicted by the grand jury, there is probable cause to believe that he committed
the offenses with which he is charged. But the defendant is also presumed
innocent. Based on the record herein, I find by a preponderance of the evidence
that there is no condition or combination of conditions of release that will
assure the presence of the defendant at further proceedings in this matter.
In reaching these decisions, I have considered:
(1) 	the nature and circumstances of the offense charged;
(2) 	the weight of the evidence against the defendant;
(3) 	the defendant's history and personal characteristics, including the
defendant's character, physical and mental condition, history of
alcohol and illegal substance abuse, family ties, employment,
financial resources, length of residence in this community,
community ties, past conduct, criminal history, as well as court
appearance record;
(4) 	the nature and character of defendant's numerous phone and
email contacts with law enforcement, the court in the District of
Colorado, United States Probation and this court, in that
defendant insists upon proof that the United States Constitution
applies to him and, in the absence of such proof, he believes that
he is not a United States citizen, the United States courts have no
authority over him, and federal law enforcement have no authority
over him;
(5) 	the defendant’s claim that he not subject to federal criminal laws
because he has signed a “Declaration of Independence”; and
(6) 	the defendant had ample opportunity to voluntarily turn himself
in after he was made aware of the federal arrest warrant in his
case, that because of the beliefs described above in paragraph (4)
he did not do so and, further, that when law enforcement agents
tried to involuntarily arrest defendant, he fled, crossed a fence, and
tried to evade arrest.
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Part III - Directions Regarding Detention
The defendant is committed to the custody of the Attorney General or his
designated representative for confinement in a corrections facility separate, to
the extent practicable, from persons awaiting or serving sentences or being
held in custody pending appeal. The defendant shall be afforded a reasonable
opportunity for private consultation with defense counsel. On order of a court
of the United States or on request of any attorney for the government, the
person in charge of the corrections facility shall deliver the defendant to the
United States marshal for the purpose of an appearance in connection with a
court proceeding. Thus, it is
ORDERED that the defendant’s appeal of the September 24, 2018
detention order is denied.
Dated October 24, 2018.
BY THE COURT:
/s/ Karen E. Schreier
KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE
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