USA v. May

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
v.
SHAWN KENNY MAY,
Defendant.
Case No. 3:23-cr-00081-SLG-KFR
ORDER RE GOVERNMENT MOTION TO REVOKE ORDER OF RELEASE OF
DEFENDANT UNDER 18 U.S.C. § 3145
Before the Court at Docket 36 is the Government Motion to Revoke Order
of Release of Defendant under 18 U.S.C. § 3145(a)(1). Defendant May filed a
response in opposition to the motion at Docket 37. On de novo review, the Court
has considered the relevant factors in assessing the release plan. See 18 U.S.C.
§ 3142(g). 	Based on that review, the Court finds that the record does not
demonstrate, by the requisite clear and convincing evidence standard, that there
is “no condition or combination of conditions [that] will reasonably assure the safety
of any other person and the community.” 	Rather, the conditions of release in the
Magistrate Judge’s order, together with the fact that the Defendant will be released
to reside in the state of Washington, while S.R. is in Delaware, provide reasonable
assurance that S.R. will remain safe during the pendency of this case. Indeed, the
Government indicates that the victim herself believes Washington to be a safe
location for Mr. May to reside. 	And the Court has considered the nature of the
Case 3:23-cr-00081-VMK-KFR Document 49 Filed 04/12/24 Page 1 of 2

Case No. 3:23-cr-00081-SLG-KFR, USA v. May
Order re Government Motion to Revoke Order of Release of Defendant Under 18 U.S.C. § 3145
Page 2 of 2
violations of the no contact order and the fact that these violations occurred in late
2023 and not since, to provide reasonable assurance that Mr. May will not attempt
to contact the victim during the pendency of this action. 	Nor does the record
demonstrate by a preponderance of the evidence that Defendant presents a risk
of flight. 	Therefore, the Government’s Motion to Revoke Order of Release at
Docket 36 is DENIED. The stay entered by this Court at Docket 39 is VACATED
and the Order Setting Conditions of Release signed by the Magistrate Judge on
April 8, 2024 at Docket 44 is effective immediately.
In light of the foregoing, Defendant’s Motion to Reconsider Order Granting
Motion for Stay at Docket 40 is DENIED as moot.
DATED this 12th day of April, 2024, at Anchorage, Alaska.
/s/ Sharon L. Gleason
UNITED STATES DISTRICT JUDGE
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