GOVERNMENT'S RESPONSE TO DEFENDANT'S
MOTION TO RECONSIDER ORDER OF DETENTION
Comes now the United States of America, by United States Attorney David Capp and by Assistant United States Attorney Kenneth M. Hays, who file the Government's Response to Defendant's Motion to Reconsider Order of Detention. The government respectfully objects to reconsideration of the detention order and maintains that the original reasons to detain Ashton Lundeby still exist and that new circumstances present an even stronger case for detention. ...On March 6, 2009, the Magistrate Judge in North Carolina ordered Lundeby detained. At the hearing on the government's transfer motion the Court also reconsidered the detention order and affirmed that Order. Since this Court has already reconsidered the detention order, it is at least arguable that it cannot reconsider the detention order again, see 18 U.S.C. § 3145, and thus Lundeby's only recourse is to appeal.
Because the Grand Jury has now returned an indictment against Lundeby, the reasons to detain him are even stronger. The indictment charges him with three counts: one count of conspiracy, in violation of Title 18, United States Code, Section 371; and two counts of making false bomb threats in violation of Title 18, United States Code, Section 844(e). If convicted of the conspiracy count, Lundeby faces up to five years incarceration and a fine of up to $250,000; the bomb threat counts each carry up to ten years and the same fine; in total Lundeby faces up to twenty-five years incarceration and fines up to $750,000. Because of the potential penalties the return of an indictment dramatically increases the motive to flee. When this Court initially reconsidered the detention order, Lundeby only faced a juvenile disposition with juvenile detention as a potential consequence; now he faces adult prison time.