## Facts

- Michael O’Neill was federally charged with making and possessing unregistered destructive devices (homemade pipe bombs) in violation of National Firearms Act provisions codified in Title 26.
- Emergency personnel responded to an explosion in O’Neill’s garage; the blast severely injured him and resulted in the amputation of his leg.
- Investigators found multiple pipe bomb–type devices, bomb-making components, and evidence suggesting an intent to build additional devices.
- Investigators also found hate-filled or extremist posters and paraphernalia in the garage, which O’Neill admitted belonged to him.
- O’Neill claimed the devices were made to remove a tree stump, not for use as weapons.
- O’Neill had alcohol-abuse history, job loss tied to alcohol issues, and two prior drunk-driving convictions; he was also treated for depression and anxiety.
- After a detention hearing under the Bail Reform Act, a magistrate judge ordered O’Neill detained pending trial.
- O’Neill sought district-court review to revoke or amend the detention order, proposing release to his mother’s custody under strict conditions and arguing his physical condition reduced any risk.

## Issues

1. Whether the charged Title 26 National Firearms Act offenses “involv[e] a firearm [or] destructive device” such that a detention hearing is authorized under 18 U.S.C. § 3142(f)(1)(E).
2. Whether the government proved by clear and convincing evidence that no condition or combination of conditions would reasonably assure the safety of any other person and the community under 18 U.S.C. § 3142(e) and (g).

## Decision

- The district court held that § 3142(f)(1)(E) authorized a detention hearing because the charged felonies involved destructive devices (pipe bombs), regardless of their placement in Title 26.
- Applying the § 3142(g) factors, the court found clear and convincing evidence that O’Neill posed a danger to the community.
- The court concluded no set of release conditions, including home confinement and family custody, would reasonably assure community safety.
- The court denied O’Neill’s motion and affirmed the magistrate judge’s pretrial detention order.

## Legal Principles

- A detention hearing under 18 U.S.C. § 3142(f)(1)(E) may be based on any federal felony that involves a firearm or destructive device; the statute is not limited to Title 18 offenses.
- In assessing dangerousness under § 3142(e) and (g), courts weigh: (1) nature and circumstances of the offense, (2) weight of the evidence, (3) history and characteristics of the defendant, and (4) nature and seriousness of the danger posed by release.
- Explosive-device offenses and evidence of multiple devices or plans to build more strongly support detention because of the high risk to public safety.
- Physical injury or disability does not, by itself, negate dangerousness where evidence shows capability, intent, or means to facilitate future harmful conduct.
- Pretrial detention is warranted when the government shows by clear and convincing evidence that release conditions cannot reasonably assure community safety.

## Conclusion

The court ruled that National Firearms Act pipe-bomb charges trigger detention-hearing eligibility under § 3142(f)(1)(E) and affirmed pretrial detention because the explosive-device conduct, supporting evidence, and defendant-specific risk factors showed no conditions could reasonably assure community safety.


United States v. O’Neill, 144 F. Supp. 3d 428 (W.D.N.Y. 2015)