United States v. Mallory, Case No. 1:17–cr–154
Decision Date | 07 July 2017 |
Docket Number | Case No. 1:17–cr–154 |
Citation | 268 F.Supp.3d 854 |
Parties | UNITED STATES of America v. Kevin Patrick MALLORY, Defendant. |
Court | U.S. District Court — Eastern District of Virginia |
John T. Gibbs, US Attorney's Office, Alexandria, VA, for Plaintiff.
Geremy C. Kamens, Todd M. Richman, Office of Federal Public Defender, Alexandria, VA, for Defendant.
This prosecution for espionage came before the Court on the government's motion to revoke defendant's bond pending trial pursuant to 18 U.S.C. §§ 3142 and 3145.1
At issue is whether there is any condition or combination of conditions (i) that can reasonably assure the defendant's appearance at trial, and (ii) that can reasonably assure the safety of the community.
The facts recited below are derived from the criminal complaint; the pretrial services report; the affidavit and testimony of Special Agent Stephen Green of the Federal Bureau of Investigation ("FBI"); the declaration of Information Review Officer Antoinette B. Shiner ("Officer Shiner") of the Central Intelligence Agency ("CIA"); the seven exhibits admitted at the hearings that took place on July 6 and 7, 2017, including a memorandum from the Deputy Director of the Defense Intelligence Agency ("DIA"); and the proffers of defense counsel.
The record establishes the following facts relating to defendant's personal history and characteristics.
The following factual allegations relate to defendant's purported commission of the crime of espionage:
The following facts arise from events that occurred after defendant's return to the United States from China, including his meeting with FBI agents, his arrest and the search of his home:
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