USA v. Messam

3:23-cr-00140-SRU

2023 | Cited 0 times | D. Connecticut | September 15, 2023

UNITED STATES DISTRICT COURT

DISTRICT OF CONNECTICUT

UNITED STATES v. ANDRE MESSAM

No. 3:23-cr-00140 (SRU)

MEMORANDUM OF DECISION REGARDING ORDER SETTING CONDITIONS OF RELEASE On September 1, 2023, I held a bond hearing and hearing on the motion to review the detention order of the United States Magistrate Judge. See Doc. No. 23; Doc. No. 22. After considering the factors set forth in 18 U.S.C. § 3142(g) and the evidence presented at the detention hearing, I made the following determinations:

detention include the weight of the evidence against Messam and the length of the sentence he

may face arrest are factors that do not conclusively weigh in either direction. Moreover, I do not have sufficient facts from y of alcohol or substance abuse. . See generally 18 U.S.C. § 3142(g) (setting forth factors to be considered).

In addition to the factors discussed above, I also considered the bond package proposed by Messam. In contrast to the bond package that was presented to Judge Garcia at the first bond hearing, the bond package proposed here is strong. See Doc. No. 26 (order setting conditions of release). Cf. Doc. No. 14 with Doc. No. 23.

Accordingly, as I concluded on the record at the hearing, the defense has rebutted the presumption pursuant to 18 U.S.C. § 3142(e)(3). Additionally, because of the strength of the proposed bond package, the government has not met its burden of showing that there is no set of release conditions that will reasonably ensure the safety of other persons and the community, as wel review the , and I ordered the release of Messam pursuant to the conditions proposed in the motion to review the detention order. See Doc. No. 26; Doc. No. 25; see also Doc. No. 23.

It is so ordered. Dated at Bridgeport, Connecticut, this 15th

day of September 2023.

/s/ STEFAN R. UNDERHILL Stefan R. Underhill United States District Judge

UNITED STATES DISTRICT COURT

DISTRICT OF CONNECTICUT

UNITED STATES v. ANDRE MESSAM

No. 3:23-cr-00140 (SRU)

MEMORANDUM OF DECISION REGARDING ORDER SETTING CONDITIONS OF RELEASE On September 1, 2023, I held a bond hearing and hearing on the motion to review the detention order of the United States Magistrate Judge. See Doc. No. 23; Doc. No. 22. After considering the factors set forth in 18 U.S.C. § 3142(g) and the evidence presented at the detention hearing, I made the following determinations:

detention include the weight of the evidence against Messam and the length of the sentence he

may face arrest are factors that do not conclusively weigh in either direction. Moreover, I do not have sufficient facts from y of alcohol or substance abuse. . See generally 18 U.S.C. § 3142(g) (setting forth factors to be considered).

In addition to the factors discussed above, I also considered the bond package proposed by Messam. In contrast to the bond package that was presented to Judge Garcia at the first bond hearing, the bond package proposed here is strong. See Doc. No. 26 (order setting conditions of release). Cf. Doc. No. 14 with Doc. No. 23.

Accordingly, as I concluded on the record at the hearing, the defense has rebutted the presumption pursuant to 18 U.S.C. § 3142(e)(3). Additionally, because of the strength of the proposed bond package, the government has not met its burden of showing that there is no set of release conditions that will reasonably ensure the safety of other persons and the community, as wel review the , and I ordered the release of Messam pursuant to the conditions proposed in the motion to review the detention order. See Doc. No. 26; Doc. No. 25; see also Doc. No. 23.

It is so ordered. Dated at Bridgeport, Connecticut, this 15th

day of September 2023.

/s/ STEFAN R. UNDERHILL Stefan R. Underhill United States District Judge

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