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United States v. Brewer

United States District Court, S.D. Indiana, Indianapolis Division

September 11, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
NOLAN BREWER, Defendant.

          ENTRY ON MOTION FOR REVOCATION OF RELEASE ORDER

          Hon. William T. Lawrence, Judge

         Before the Court is the Government's motion for revocation of release order (Dkt. No. 13). The motion is fully briefed, and the Court, being duly advised, DENIES the motion for the reasons set forth below.

         I. STANDARD

         18 U.S.C. § 3145(a)(1) provides for district court review of a magistrate judge's release order. Section 3145(a) states, in relevant part:

If a person is ordered released by a magistrate judge, or by a person other than a judge of a court having original jurisdiction over the offense and other than a Federal appellate court, the attorney for the Government may file, with the court having original jurisdiction over the offense, a motion for revocation of the order or amendment of the conditions of release[.] The motion shall be determined promptly.

         The District Court must conduct a de novo review and need not defer to the Magistrate Judge's findings. The Court may review the transcript of the proceedings before the Magistrate Judge or it may hold a new hearing. United States v. Torres, 929 F.2d 291, 292 (7th Cir. 1991). In this cause, the Court reviewed a transcript of the hearing held before the Magistrate Judge.

         II. BACKGROUND

         A. The Charged Offense

         On April 16, 2018, Nolan Brewer was charged in a single-count criminal complaint:

Count 1: On or about July 27, 2018, in Hamilton County, in the Southern District of Indiana, defendant NOLAN BREWER, did knowingly and willfully conspire and agree[] with another person, to injure, oppress, threaten, and intimidate members of the Congregation Shaarey Tefilla, a Jewish Synagogue in Carmel, Indiana, in the free exercise and enjoyment of a right secured to them by the Constitution or laws of the United States, to wit: the right to hold property free of racial discrimination under 42 U.S.C. § 1982, by painting anti-Semitic symbols, including Nazi flags and Iron Crosses, on Synagogue property, and setting fire to Synagogue property, which was located [in] the United States, in violation of Title 18, United States Code, Section 241 (a).

Dkt. No. 2 at 1.

         B. Hearing

         Brewer appeared on August 21 and 22, 2018, for a detention hearing before the Magistrate Judge. The Government moved for detention, arguing that Brewer poses a danger to the community and that there are no conditions or combinations of conditions that can reasonably assure the community's safety.

         At the detention hearing, the Government presented the testimony of FBI Special Agent Bradley Bookwalter and introduced twenty-eight exhibits. Brewer presented the testimony of Jeffrey Brewer, his father; Jean Holland, his former Sunday ...


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