United States v. Kromberg
4:24-mj-30289
| E.D. Mich. | Jul 25, 2024Background
- Jacob Anthony Kromberg, the defendant, is facing federal charges in the Eastern District of Michigan (Case No. 24-30289).
- The Government moved for detention pending trial, triggering a detention hearing under 18 U.S.C. § 3142.
- The detention hearing evaluated statutory rebuttable presumptions regarding danger to the community and risk of flight.
- The court found Kromberg to be subject to both presumptions under 18 U.S.C. §§ 3142(e)(2) and (e)(3), based on the nature and seriousness of the charges and prior convictions.
- Kromberg did not produce sufficient evidence to rebut these presumptions.
- The court found substantial risk factors, including strong evidence, prior criminal history, and lack of community ties, supporting pretrial detention.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Kromberg should be detained pretrial | No conditions will assure safety or appearance | Conditions can assure safety/appearance | Detention warranted; no conditions sufficient |
| Applicability of rebuttable presumption | Presumptions under §3142(e)(2), (e)(3) apply | Not applicable or rebutted | Both presumptions apply |
| Sufficiency of evidence to rebut presumption | No sufficient evidence rebutting presumption | Evidence provided rebuts presumption | No sufficient rebuttal, presumption stands |
| Balance of §3142(g) factors | Factors strongly favor detention | Factors can favor release | Factors favor detention |
Key Cases Cited
- None referenced with reporter citations in the opinion.
