United States v. Buchanan
| Decision Date | 05 May 2021 |
| Docket Number | MJ No. 1:21-mj-04066,Case No. 1:21-cr-00293 |
| Parties | UNITED STATES OF AMERICA, Plaintiff, v. RONALD BUCHANAN, Defendant. |
| Court | U.S. District Court — Northern District of Ohio |
OPINION AND ORDER
The United States appeals the decision of the Magistrate Judge denying detention of Ronald Buchanan. Consistent with the Constitution's protection of liberty, federal law favors release, unless the defendant presents a flight risk or a danger to himself or others. Congress has declared that certain offenses carry a rebuttable presumption of dangerousness, and Mr. Buchanan faces charges (for distribution and possession of controlled substances with the intent to distribute) giving rise to such a presumption. Even then, given the centrality of liberty to our constitutional order and the presumption of innocence, the United States must prove by clear and convincing evidence that detention is warranted based on danger to the community.
Here, like the Magistrate Judge, the Court finds that Mr. Buchanan has rebutted the presumption in favor of detention with sufficient evidence. Still, Congress's judgment retains evidentiary force, and that presumption makes this case as presently postured a close one. Detention works a great disadvantage to Mr. Buchanan as he prepares his defense and attempts to show the Court that an appropriate sentence might be something less than what the guidelines ultimately recommend (assuming any conviction does not carry a mandatory minimum sentence). Still, because of the substantial likelihood that the evidence will tie Mr. Buchanan to a drug overdose death, the Court finds that the United States presents clear and convincing evidence that Mr. Buchanan poses a danger to the community. Therefore, the law requires detention in this case—at least until it becomes clear whether the facts will support more serious charges arising from the death. For these reasons as more fully explained below, the Court REVOKES the order of the Magistrate Judge setting bond and ORDERS the detention of Ronald Buchanan without prejudice to reconsideration if and when the facts so warrant.
Mr. Buchanan was arrested on April 7, 2021 on a criminal complaint charging an offense under the Controlled Substances Act in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C). The complaint (ECF No. 1) includes an affidavit from a Strongsville police officer assigned to a Drug Enforcement Agency task force. (ECF No. 1-1). The affiant sets forth facts establishing his belief that there is probable cause Mr. Buchanan committed the charged offense. (ECF No. 1-1, ¶ 5, PageID #2.) He describes the circumstances leading to the arrest of Mr. Buchanan.
Those events began on April 6, 2017, when the affiant responded to a call of a fatal overdose at an apartment in Strongsville. (Id.) As a police officer in Strongsville, the affiant says he had prior dealings with the decedent. (Id., ¶ 6, PageID #3.) In decedent's apartment, investigators located a cut straw with residueof an unknown white powder, three and one half small round pills with the number 30 on one side and the letter M on the other, which affiant recognizes as "fentanyl pressed pill[s]," and Xanax pills. (Id., ¶¶ 7 & 8.)
The decedent's girlfriend advised the officer that the day before the decedent took a Percocet pill for which he did not have a prescription. (Id.) She helped him access decedent's cell phone. (Id., ¶ 6.) Decedent had a text conversation with a contact identified as "Ron Grave Yard," in which the two discussed meeting and obtaining "4," apparently referencing the number of fentanyl pressed pills. (Id., ¶ 9.) Based on searches of law-enforcement databases, affiant identified Defendant as Ron Grave Yard. (Id., ¶ 10, PageID #4.) Additionally, the decedent's phone showed a recent search for a location near Defendant's home address. (Id., ¶ 11.)
On the evening of April 6, 2021, the officer sent a text from the decedent's phone to Ron Grave Yard, inquiring about obtaining four more pills. (Id., ¶ 12.) In a follow-up text conversation the following morning, Ron Grave Yard states that he "just left court" and arranged to meet to deliver more pills. (Id.) In response to pressure to do the deal, Ron Grave Yard suggested getting the pills from his father instead. (Id., PageID #5.) When agents arranged to meet Ron Grave Yard, they arrived in a blue SUV, and the affiant called him posing as the decedent. (Id., ¶¶ 15-16, PageID 5-6.) When Defendant approached the agents in the vehicle, they arrested him. (Id., ¶ 16, PageID #6.) Defendant was arrested with the telephone with which the affiant was texting to arrange the transaction—the same phone used to arrange the sale with the decedent. (Id., ¶ 17.) When interviewed, Defendantadmitted to the sale involving the decedent and that there was a firearm at his home address. (Id.)
On April 7, 2021, the United States filed a criminal complaint charging Mr. Buchanan with distribution of controlled substances in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C). (ECF No. 1.) He was arrested that day, and Mr. Buchanan appeared in federal court by video after his arrest. Pending a hearing, he was ordered detained. (See Minutes, Apr. 8, 2021.) The Magistrate Judge held a detention hearing on April 14, 2021.
The United States proffered the pretrial services report and the affidavit accompanying the criminal complaint. (ECF No. 15, PageID #69.) It did not present any witnesses. (Id.) Defendant did not present witnesses either, but based on the information in the criminal complaint and the pretrial services report proffered that Mr. Buchanan lives with his parents and four-year-old daughter. (Id., PageID #69-70.) Though unemployed due to a recent disability, Mr. Buchanan has a commercial driver's license and was employed until his injury a few months ago. (Id., PageID #70.)
In argument, the United States acknowledged certain facts favoring Mr. Buchanan: he is a lifelong resident of the area, he is not a flight risk, and he has no prior convictions. (Id.) On the other hand, the United States urged detention based on the sale of fentanyl pills to someone who passed away before arranging a second transaction with the officer. (Id.) In the controlled buy, Mr. Buchanan left anarraignment in State court on a gun charge to complete the transaction. (Id., PageID #71.) According to the United States, he admitted to possessing a firearm, having fentanyl, and selling drugs while on bond. (Id.) Finally, the United States pointed out that the home to which Mr. Buchanan would return if released pending trial is the same one from which he was selling drugs. (Id., PageID #71.)
Defendant argued Mr. Buchanan is a 23-year-old single father supporting his four-year-old child and his parents. (Id., PageID #73-74.) He has no criminal record, although he has a pending case in State court. (Id.) Additionally, Defendant maintained that the amount of drugs involved was not excessive—four pills in the controlled buy plus another four pills at the decedent's apartment, of which investigators recovered three and one half. (Id., PageID #74-75.)
On this last point, the Magistrate Judge questioned counsel regarding whether half a Percocet pill laced with fentanyl would be enough to cause death. (Id., PageID #75-76.) Based on the transcript, this exchange showed the Magistrate Judge's skepticism that the number of pills involved in the case was significant. Additionally, although the United States represented that it was awaiting autopsy results to determine whether to add a charge relating to the death, the Magistrate Judge declined to consider the potential for a mandatory 20-year sentence. (Id., PageID #72.) (Id.) The Magistrate Judge took the matter under advisement. (Id., PageID #77.)
On April 21, 2021, the Magistrate Judge conducted a hearing and announced his ruling. (ECF No. 14.) "The court has determined that bond will be appropriate."(Id., PageID #52.) Then, the Magistrate Judge set the conditions of bond. (Id., PageID #53-55.) On oral motion of the United States, the Magistrate Judge stayed the ruling (id., PageID #55-56), and the United States appealed (ECF No. 12). Defendant responded, arguing in support of the Magistrate Judge's ruling. (ECF No. 13.) Summarizing the facts, Defendant maintains "[t]his case is solely about a sale of four (4) pills, an attempt to sell four (4) pills and the presence of a gun at Defendant's residence when a search warrant was executed." (Id., PageID #35.) Additionally, Defendant points out that he cooperated with authorities when arrested. (Id.)
The Court promptly held a hearing on this appeal on April 29, 2021. At the hearing, the United States proffered five exhibits: (1) the criminal complaint; (2) the affidavit supporting the criminal complaint; (3) its motion to stay the Magistrate Judge's release order; (4) the pretrial services report; and (5) a report dated April 9, 2021 of the investigation involving Mr. Buchanan. That report details the interview agents conducted with Mr. Buchanan on April 9, 2021. According to the report, when confronted with information relating to the decedent and the controlled transaction, Mr. Buchanan agreed to cooperate to spare his father from involvement in the case. Then, according to the report, Mr. Buchanan admitted selling pills to the decedent and stated that he had about twenty more at his house.
The United States then presented the testimony of Jason Glover, the Strongsville Police officer assigned to the DEA task force. He is familiar with the investigation and arrest of Mr. Buchanan. In his testimony, the officer confirmed thefacts as presented above. Beyond the facts outlined already, the officer testified that a search conducted pursuant to...
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