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United States v. O'Neill

United States District Court for the Western District of New York

144 F.Supp.3d 428 (2015)

Relevant factsFree

Michael O'Neill (defendant) was charged with making and possessing unregistered homemade pipe bombs after one exploded in his garage, severely injuring him and requiring leg amputation; investigators found evidence he planned to build more bombs, along with hate-filled posters he admitted were his. O'Neill, who said he'd made the bombs to remove a tree stump, had lost his job to alcohol abuse, had two prior drunk-driving convictions, and was being treated for depression and anxiety; he moved to overturn a magistrate judge's pretrial detention order, arguing his severe injuries meant he posed no danger and requesting release to his mother's custody.

IssueFree

Whether detention pending trial requires clear and convincing proof that the defendant poses a danger to others or a risk of flight.

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