United States v. Blackson

• Decision Date: 06 February 2023
• Docket Number: 23-cr-25 (BAH)
• Parties: UNITED STATES OF AMERICA v. MICHAEL BLACKSON, Defendant.
• Court: U.S. District Court — District of Columbia

UNITED STATES OF AMERICA
v.
MICHAEL BLACKSON, Defendant.

No. 23-cr-25 (BAH)

United States District Court, District of Columbia

February 6, 2023

MEMORANDUM OPINION

BERYL A. HOWELL CHIEF JUDGE

After midnight, on January 9, 2023, D.C. Metropolitan Police Department (“MPD”) officers came upon defendant Michael Blackson, who appeared asleep behind the wheel of a car, which was stopped at a traffic light in Washington, D.C. with its engine running. After rousing defendant awake and directing him to exit the car, officers recovered from the front waistband of his pants a fully loaded Glock semi-automatic pistol with an extended magazine containing 19 rounds of ammunition. Upon a records check, officers discovered that defendant was on probation, after his early release, under the D.C. Incarceration Reduction Amendment Act (“IRAA”), for his 2006 convictions for Second-Degree Murder, Possession of a Firearm During a Crime of Violence, and Carrying a Pistol Without a License, having already completed his sentence for his separate 2006 convictions for Carjacking, Carrying a Pistol Without a License, and Threats To Do Bodily Harm. Defendant has now been charged with one felony count of Unlawful Possession of a Firearm and Ammunition by a Person Convicted of a Crime Punishable by Imprisonment for a Term Exceeding One Year, in violation of 18 U.S.C. § 922(g)(1). See Indictment at 1, ECF No. 13. The government seeks review of a Magistrate Judge's order releasing defendant pending trial on these charges. See Gov't's Mot. for Review & Appeal of Release Order (“Gov't's Mot.”), ECF No. 9.

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Following a hearing held on January 26, 2023, the government's motion was granted, and defendant was ordered detained pending trial. Min. Entry (Jan. 26, 2023). Set out below are the written findings and reasons underlying this order. See 18 U.S.C. § 3142(i)(1) (requiring that a detention order “include written findings of fact and a written statement of the reasons for the detention”); United States v. Nwokoro, 651 F.3d 108, 112 (D.C. Cir. 2011) (remanding to the district court for a preparation of “findings of fact and a statement of reasons in support of [defendant's] pretrial detention” when a transcription of the detention hearing was insufficient).

I. BACKGROUND

The government's evidence of the conduct underlying this charge and proffer in support of pretrial detention is described below, followed by a brief overview of the procedural history.

A. Defendant's Conduct and Arrest on January 9, 2023

According to the government's factual proffer, on January 9, 2023, at 1:17 a.m., MPD officers were dispatched to the intersection of South Capitol St. SE and Halley Place in Washington, D.C. and observed a running car parked at a stoplight that had turned green. Statement of Facts ¶ 1, ECF No. 1-1. The officers approached, smelling the odor of marijuana as they got closer, and saw defendant in the driver's seat seemingly asleep, slumped over the wheel of the vehicle with his foot on the brake and the car in drive. Id. They also saw a “bulge” in defendant's pants with both of defendant's hands resting over the bulge. Id. The officers knocked on defendant's vehicle and windows, and shook the car repeatedly to awaken defendant, who was “coming in and out of consciousness.” Id. Once awakened, defendant released the brake, causing the car to lurch into the intersection before defendant again applied the brake. Id. According to the officers, defendant “[s]eemed[] disoriented” and did not initially listen to the officers' instructions. Id. Once an MPD officer illuminated his police badge with a flashlight, defendant parked the vehicle and lowered his passenger-side window. Id.

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At the officers' direction, defendant exited and moved behind the vehicle. Id. Disclosed by the government for the first time at the January 26, 2023, hearing, officers asked defendant about the bulge in his front waistband and he responded at first, “I won't answer,” and then, “[N]othing, I don't have nothing.” Rough Transcript of Hr'g (Jan. 26, 2023) (“Jan. 26, 2023 Hr'g Tr. (Rough)”) at 9:3-15. An officer then conducted a pat down of defendant in search of weapons due to the officers' observation of the “bulge” in defendant's pants. Statement of Facts ¶ 1. The officer's experience with firearms led him to recognize a lower receiver in defendant's pants during that search, and after lifting defendant's shirt, officers saw the end of a firearm protruding from defendant's waistband. Id. at 1-2. The officer removed the firearm, which had an extended magazine holding 19 rounds of ammunition. See Gov't's Mot. at 4. Defendant was then placed under arrest for “Felon in Possession.” Statement of Facts ¶ 2. Subsequent review revealed that the firearm was “fully functional and was designed to expel a projectile by the action of an explosive.” Id. An inquiry into the Washington Area Law Enforcement System (“WALES”) and the National Crime Information Center (“NCIC”) confirmed that the firearm was unregistered, and that the firearm and ammunition were manufactured outside of the District of Columbia and therefore traveled into the District via interstate commerce. Id.

While in custody, officers performed a check of defendant's criminal history and uncovered his prior convictions, in 2006, for violent felonies, described below, for which he served 17 years in prison. Id. Thus, at the time of his arrest, defendant certainly knew he had prior convictions for crimes punishable by a term of imprisonment exceeding one year. Id.

B. Defendant's Criminal History

Defendant was convicted in 2006 of violent felony offenses: second-degree murder and carjacking, as well as firearms offenses, stemming from two different incidents five days apart. On April 24, 2005, MPD officers arrested defendant for the murder of Lavelle James, a 16-year-

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old boy, following an altercation at a nightclub. Gov't's Mot. at 7. Despite the nightclub security's attempts to deescalate the dispute, upon leaving the venue, defendant drove next to a vehicle in which the victim sat in the passenger seat and defendant fired a single gunshot at the victim's head. Id. On August 30, 2006, a jury convicted defendant of all three counts levied against him: Second-Degree Murder, Possession of a Firearm During a Crime of Violence, and Carrying a Pistol Without a License, and on November 3, 2006, defendant was sentenced to 33 years' imprisonment with 5 years of supervised release. Id.; see also United States v. Blackson, Order Granting Mot. Reduce Sentence Pursuant to Incarceration Reduction Amendment Act (IRAA), Nos. 2005 FEL 3672, 2005 FEL 2436 (D.C. Super. Ct. May 12, 2022) (“May 2022 Order”) at 3.

On April 29, 2005, only a few days after shooting James, MPD officers arrested defendant for carjacking an individual with the use of a firearm. The victim stated that defendant opened his driver-side door “while displaying a firearm and ordered the victim to exit the vehicle.” Gov't's Mot. at 7. The victim complied and defendant drove away in the stolen vehicle along with an unidentified individual. Id. After receiving a broadcast about a stolen vehicle, MPD officers located the vehicle, and attempted to make a traffic stop, but defendant, who was driving the car, did not comply. Id. A foot chase ensued, and officers apprehended defendant, while two unidentified passengers escaped. Id. On September 18, 2006, defendant pleaded guilty to one count of Unarmed Carjacking with the lesser included offense of Carrying a Pistol Without a License, and Threats to Do Bodily Harm, and on November 3, 2006, defendant was sentenced to 11 years and 8 months with 3 years of supervised release. Id. at 7-8; see also May 2022 Order at 4-5.

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Defendant's total sentence of imprisonment from his multiple felony convictions in 2006 was 44 years and 8 months. Gov't's Mot. at 8. On May 12, 2022, after serving 17 years, defendant was resentenced by D.C. Superior Court pursuant to the IRAA. See May 2022 Order. On the second-degree murder conviction, defendant was resentenced to 24-years of incarceration, with the execution of sentence suspended as to all but time served, or 17 years, and supervised probation for 12 months, and on the carjacking conviction, defendant was resentenced to time served. See id. at 20. Defendant was accordingly released to begin his probationary period in May 2022. Thus, the arrest occurred in this case approximately eight months into his probation.

C. Procedural Background

At defendant's initial appearance, a Magistrate Judge in this District granted the government's oral motion for temporary detention pending defendant's detention hearing. See Gov't's Oral Mot. for Temporary Detention (Jan. 12, 2023); Min. Entry (Jan. 12, 2023). At the detention hearing held before another Magistrate Judge in this District on January 17, 2023, the government orally moved to commit defendant to the custody of the Attorney General and defendant orally moved for release from custody. See Gov't's Oral Mot. to Commit Def. to Custody of Attorney General (Jan. 17, 2023); Def.'s Oral Mot. for Release from Custody (Jan. 17, 2023). At the hearing's conclusion, the Magistrate Judge granted defendant's motion for release, denied the government's motion for detention, and ordered defendant released and subject to both the standard conditions of supervised release as well as the following additional, stringent conditions of release:

(1) Defendant is placed on home incarceration in his mother Denise Blackson's home in which he may only leave to attend court proceedings. He may not have visitors other than his mother, his mother's partner, and his son, who also live in the home. He cannot go outdoors.

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(2) Defendant may not access the internet, social media, a smartphone, or any device that can access the internet.

(3) Defendant must wear a GPS monitor on his ankle at all times.

(4)

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