1:24-cr-20219
E.D. Mich.Apr 11, 2025Background
- Brandi Lynn Freeman pleaded guilty in February 2025 to distributing fentanyl, a charge carrying up to 20 years' imprisonment.
- Freeman was previously released on bond but violated bond conditions by using controlled substances and leaving a treatment facility without authorization.
- She was arrested after absconding, had her bond revoked, and has been detained ever since.
- After her guilty plea was accepted, Freeman filed a motion for temporary release to attend her sister’s funeral.
- The case is governed by 18 U.S.C. § 3143, which prescribes mandatory detention for individuals awaiting sentencing for serious drug offenses, with only narrow exceptions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Temporary release eligibility under § 3143(a)(2) | Freeman does not meet statutory exception for release; risk of flight remains | Freeman will cooperate and should be released temporarily for sister’s funeral | Motion for temporary release denied; statutory exceptions not satisfied |
| Likelihood of flight or danger to community | Defendant has a history of absconding and violating conditions | Asserts willingness to cooperate with law enforcement | Insufficient showing by clear and convincing evidence to guarantee no flight |
| Authority to grant release pending sentencing | Statute mandates detention; no recommendation for non-imprisonment | (No argument about motion for acquittal or government recommendation) | The court lacks authority to grant release absent the statutory exceptions |
| Substantial likelihood of acquittal or new trial | No motion pending or anticipated | (No argument made; no such motion filed) | No basis for release under § 3143(a)(2) |
Key Cases Cited
- None with official reporter citations included in the opinion.
