United States v. Obrien

Defendant Edward OBrien was a high-ranking federal drug agent for 18 years. He was arrested on August 14, 1989 in a government "sting" operation, and indicted for trafficking in cocaine in violation of 21 U.S.C. §§ 841 and 846. The day after his arrest, OBrien appeared before a magistrate and the government moved for his pretrial detention pursuant to 18 U.S.C. §§ 3142(f)(1) and (2). The magistrate ordered him detained because of a serious risk of flight. After further hearings, however, the magistrate ordered OBrien released on the conditions that he wear an electronic monitoring bracelet and that he post as security the Virginia home in which he lived. The district court affirmed the magistrates decision, but added two further conditions: OBrien would report daily by telephone to the pretrial services office and random unannounced visits would be made to his home by pretrial services officers. Believing the defendant still posed an unacceptable risk of flight, the government appealed the district courts decision to this court. We affirm.