Grigsby

United States v. Grigsby

Good Law
270 F. App'x 726
United States Court of Appeals for the Ninth CircuitMarch 18, 2008No. 08-7014California1,108 words

Opinion

Lead Opinion

ORDER AND JUDGMENT *

Appellant Winfred James Grigsby appeals the district court’s revocation of supervised release and its order of detention pending his re-trial on a charge of aggra *727 vated sexual abuse of a minor in Indian country. We affirm.

Background

Mr. Grigsby was accused of sexually abusing his five-and-a-half-year-old grandniece during a sleep-over at his house, in violation of 18 U.S.C. § 1151 , 1153, 2241, and 2246(2)(C) (Aggravated Sexual Abuse of a Minor in Indian Country). “[C]ases involving sex crimes against minors,” are considered violent crimes because “there is always a substantial risk that physical force will be used to ensure a child’s compliance with an adult’s sexual demands.” United States v. Munro, 394 F.3d 865, 870 (10th Cir.2005) (quotation omitted). Thus, the charged crime meets the definition of “crime of violence” under the Bail Reform Act, 18 U.S.C. § 3156 (a)(4)(B).

For the release of such a defendant, “a judicial officer must hold a hearing on motion of the government to determine if any conditions would permit the safe release of the charged defendant.” United States v. Ingle, 454 F.3d 1082, 1084 (10th Cir.2006) (citing 18 U.S.C. § 3142…

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