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Case 4:17-cr-02949-MV Document 308 Filed 02/03/21 Page 11 of 16

combination of conditions, that will reasonably assure Mr. Robertson’s appearance and the safety of any person and the community. His pretrial release is therefore required by 18 U.S.C. § 3142(c).

III. Mr. Robertson’s Release is Necessary for the Preparation of His Trial Defense Under 18 U.S.C. § 3142(i).

The Court additionally finds that Mr. Robertson’s release is necessary for the preparation of his trial defense under 18 U.S.C. § 3142(i). That section allows a judicial officer who issued an order of detention to, by subsequent order, “permit the temporary release of the person, in the custody of a United States marshal or another appropriate person, to the extent that the judicial officer determines such release to be necessary for preparation of the person’s defense or for another compelling reason.” § 3142(i).³ The defendant bears the burden of establishing their entitlement to temporary release under § 3142(i). United States v. Clark, 448 F. Supp. 3d 1152, 1155 (D. Kan. 2020) (citation omitted). Courts considering whether pretrial release is necessary for the preparation of the person’s defense have considered: “(1) [the] time and opportunity the defendant has to prepare for the trial and to participate in his defense; (2) the complexity of the case and volume of information; and (3) expense and inconvenience associated with preparing while incarcerated.” United States v. Boatwright, ---F. Supp. 3d---, No. 2:19-CR-00301-GMN-DJA, 2020 WL 1639855, at *4 (D. Nev. Apr. 2, 2020) (unreported) (citations omitted).

Here, all of those factors weigh in favor of release. Because Mr. Robertson’s trial will be reset for April 5, 2021, he and his defense team have only two months left to prepare.

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³ While the Court recognizes that Magistrate Judge Briones is the judicial officer that issued Mr. Robertson’s initial order of detention, this matter is before the Court on Mr. Robertson’s request that the Court review that detention order under 18 U.S.C. § 3145(b). See Doc. 274 at 1. The Tenth Circuit has not yet ruled on whether a request for temporary release under 18 U.S.C. § 3142(i) can only be decided by the Magistrate Judge that issued the initial order of detention. See United States v. Alderete, 336 F.R.D. 240, 268 (D.N.M. 2020). But at least one other federal district court has recently considered and granted pretrial release under that section. See United States v. Stephens, 447 F. Supp. 3d 63, 66–68 (S.D.N.Y. 2020) (Nathan, J.); but see Alderete, 336 F.R.D. at 268.

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