Magistrate Judge Gary Brown
Savader was arrested under an Affidavit for Criminal Complaint, executed in the Eastern District of Michigan, linking him to computerized extortion and cyber stalking victimizing 15 women. The court directed Savader’s detention pending removal to Michigan’s Eastern District. Reading Federal Rule of Criminal Procedure 5(c)(3) in tandem with Rule 5(d) it ruled the 2002 amendment of the Federal Rules of Criminal Procedure negated the Second Circuit’s holding in United States v. Melendez-Carrion, so that Rule 5 required a bail hearing in the district of arrest. Discussing Melendez-Carrion and United States v. El-Edwy, the court deemed it appropriate to create a record of Savader’s ties to the community and other information pertinent to his release or detention under18 USC §3142(g). Although the offenses charged did not appear to constitute crimes of violence as defined in the Bail Reform Act, the court found that Savader’s effective "weaponization" of electronic files presented a significant risk that he could threaten or intimidate his victims, against some of whom he held an animus. Given the circumstances, the court found Savader’s substantial community ties and familial support could not overcome the serious risk of danger to the victims.
