United States v. McKoin, 3:25-cr-00025

Carson McKoin, the defendant, was detained prior to trial on a charge involving a crime of violence.
A mistrial occurred after a jury could not reach a verdict (hung jury) in April 2025, leaving McKoin in custody as the government considered a retrial.
McKoin moved for release from custody pending decision on whether a retrial would occur, arguing circumstances had changed since the initial detention.
The government opposed release, citing a presumption of detention and arguing that no set of conditions could assure public safety.
The Court identified that the risk of flight was not an issue; the sole focus was whether McKoin posed a danger to the community.
The Court considered factors including the nature of the charge, evidence strength, McKoin’s criminal history, and his community/family ties.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Release after mistrial under 18 U.S.C. § 3142	McKoin failed to rebut detention presumption; no conditions can assure community safety	Evidence and circumstances changed; strong community ties ensure safety	Defendant rebutted presumption; release granted with conditions

United States v. Rueben, 974 F.2d 580 (5th Cir. 1992) (burden shift under § 3142(e) involves only production of evidence, not persuasion)