United States v. Kaplan, 2:23-cr-00293

Adam Kaplan was ordered detained pending trial after previously being released on bail and then having bail revoked due to violations of release conditions.
The violations included committing new federal offenses, attempting to tamper with evidence and witnesses, committing credit card fraud, and attempting to bribe officials while on pretrial release.
Kaplan has made multiple motions for release, each denied due to continued concerns over danger to the community and risk of obstruction.
His most recent motion sought temporary release under 18 U.S.C. § 3142(i), claiming it was necessary to prepare for trial.
While detained at MDC, Kaplan has access to an air-gapped laptop for discovery review and has means to communicate with counsel.
The court considered logistical challenges for defense preparation but found resources at MDC adequate and medical needs not a compelling factor.

Issue	Kaplan's Argument	Gov't Argument	Held
Temporary release for trial preparation under § 3142(i)	Release needed to prepare defense and review discovery	Adequate means for discovery review exist in detention	Motion denied; release not necessary
Defendant's alleged danger to community	Imposed conditions would mitigate risk	Prior violations show Kaplan cannot be trusted on release	Serious risks exist; detention required
Participation in defense while detained	Detention impedes ability to assist counsel at trial	Sufficient opportunities exist to confer with attorneys	Detention does not preclude fair participation
Medical necessity for release	(Not expressly raised)	Medical needs are met at MDC	No medical necessity for release

United States v. Leon, 766 F.2d 77 (2d Cir. 1985) (district court has authority for de novo review of detention orders)