USA v. Smith et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
UNITED STATES OF AMERICA,
Plaintiff, 	Case No. 3:25-cr-18(7)
vs.
MATTHEW WALLS, 	District Judge Michael J. Newman
Defendant.
______________________________________________________________________________
ORDER: (1) GRANTING DEFENDANT’S MOTION FOR RECONSIDERATION (Doc.
No. 179); AND (2) REFERRING THIS CASE TO MAGISTRATE JUDGE CAROLINE H.
GENTRY FOR RECONSIDERATION OF THE UNDERLYING DETENTION ORDER
(Doc. No. 151)
______________________________________________________________________________
This criminal case is before the Court on Defendant’s motion for reconsideration (Doc. No.
179) of an Order which served to deny him a bond (Doc. No. 175). The Government has not filed
an opposition to the motion and the time for doing so has passed. In his motion, Defendant claims,
through 	counsel, 	that 	he 	“has 	acquired 	additional 	information 	and 	third-party 	custodial
arrangements that warrant consideration and that bear directly on the Court’s findings regarding
his community ties and his prior failures to appear.” Id. at PageID 730.
In light of the alleged changed circumstances noted in Defendant’s motion, the Court
CONSTRUES Defendant’s motion for reconsideration as a motion for reconsideration of the
underlying detention order made pursuant to 18 U.S.C. § 3142(f)(2). 	Under 18 U.S.C.
§ 3142(f)(2)(B), “[t]he [detention] hearing may be reopened . . . at any time before trial if the
judicial officer finds that information exists that was not known to the movant at the time of the
hearing and that has a material bearing on the issue whether there are conditions of release that
will reasonably assure the appearance of such person as required and the safety of any other person
and the community.”
Case: 3:25-cr-00018-MJN-PBS Doc #: 189 Filed: 08/06/26 Page: 1 of 2 PAGEID #: <pageID>

Accordingly, the Court hereby GRANTS Defendant’s motion for reconsideration. Doc.
No. 179. Pursuant to Fed. R. Crim. P. 59(a) and Dayton General Order No. 22-01, this issue is
REFERRED to United States Magistrate Judge Caroline Gentry for prompt consideration and
ruling. This referral will terminate upon Judge Gentry’s issuance of the required Order.
IT IS SO ORDERED.
August 6, 2026 	s/Michael J. Newman
Hon. Michael J. Newman
United States District Judge
Case: 3:25-cr-00018-MJN-PBS Doc #: 189 Filed: 08/06/26 Page: 2 of 2 PAGEID #: <pageID>