Judge Richard J. Arcara
Stewart was a member of a shoplifting and burglary ring stealing goods that a codefendant sold online. Although recruited to help break into Marciniak home to steal his valuable comic book collection, Stewart did not take part in the burglary because he was high on drugs. Beaten during the burglary, Marciniak died of a heart attack afterward. Although not a participant, Stewart shared in the crime’s proceeds. Stewart was indicted on conspiracy and substantive charges of transporting stolen merchandise in interstate and foreign commerce. The court denied revocation of a magistrate judge’s pretrial release order. That order was conditioned on Stewart’s confinement at his mother’s home on electronic monitoring, secured by a pledge of $60,000 of the home’s value. The court found the danger posed by Stewart was the risk of continued drug abuse and his need to commit crimes to pay for drugs. Subject to testing while on home incarceration, Stewart’s retreats toward drug abuse would prompt speedy response. Further, because Stewart will be electronically monitored and his mother might lose her home if conditions were violated, the conditions of pretrial release adequately assured Stewart’s appearance in court.
