## Facts

- Federal authorities arrested several Lackawanna, New York residents in September 2002 and charged them with conspiracy and attempt to provide, and providing, material support to al-Qaeda, a designated foreign terrorist organization, in violation of 18 U.S.C. § 2339B.
- The Government proffered that the defendants traveled to Pakistan and Afghanistan in 2001 and attended the al-Farooq al-Qaeda training camp near Kandahar.
- The proffered evidence described training and indoctrination at the camp, including firearms and explosives instruction, anti-American instruction, encouragement of suicide tactics, and attendance at a lecture by Usama bin Ladin about fighting America.
- The defendants returned to the United States weeks later and resumed their lives in Lackawanna.
- A magistrate judge ordered pretrial detention for the defendants addressed in this decision.
- The defendants moved under 18 U.S.C. § 3145(b) to revoke the detention order, requiring the district court to review the detention determination.

## Issues

1. Whether providing material support to a foreign terrorist organization under 18 U.S.C. § 2339B qualifies as a “crime of violence” for Bail Reform Act purposes.
2. Whether the Government proved by clear and convincing evidence that the defendants posed a danger to the community.
3. Whether the Government proved by a preponderance of the evidence that the defendants posed a risk of flight.
4. Whether any conditions of release could reasonably assure community safety and the defendants’ appearance.

## Decision

- The district court denied the motions to revoke detention and affirmed pretrial detention.
- The court held that 18 U.S.C. § 2339B constitutes a “crime of violence” under the Bail Reform Act.
- The court found clear and convincing evidence that each defendant posed a danger to the community, given the alleged al-Qaeda association and training.
- The court found by a preponderance of the evidence that each defendant posed a risk of flight, considering the seriousness of the charges and international travel-related considerations.
- The court concluded no condition or combination of conditions would reasonably assure public safety or the defendants’ appearance.

## Legal Principles

- Under the Bail Reform Act, detention is warranted if no condition or combination of conditions will reasonably assure the safety of any person and the community and the defendant’s appearance as required.
- In determining detention, courts weigh the 18 U.S.C. § 3142(g) factors, including the nature and circumstances of the offense, weight of the evidence, defendant history and characteristics, and the nature and seriousness of the danger posed.
- The Government may proceed by proffer at a detention hearing if the proffer satisfies the Act’s requirements.
- An offense may qualify as a “crime of violence” for detention analysis when it involves a substantial risk that physical force against person or property may be used, including conduct tied to support for designated terrorist organizations.
- Dangerousness must be shown by clear and convincing evidence; flight risk must be shown by a preponderance of the evidence.

## Conclusion

The district court affirmed pretrial detention because the charged § 2339B conduct was treated as a crime of violence and the Government met its burdens to show both unmitigable danger to the community and a serious risk of flight, making release conditions insufficient.


United States v. Goba, 240 F. Supp. 2d 242 (W.D.N.Y. 2003)