On March 31, 2026, Assistant Federal Public Defender Victoria Bahl filed a motion asking the court to reopen Luke Wenke’s detention hearing and release him on bail while his federal cyberstalking case remains pending. Wenke had been ordered detained following a December 22, 2025 hearing.

The defense challenges a key legal basis used to permit Wenke’s detention hearing: the classification of the charged cyberstalking offense under 18 U.S.C. § 2261A(2)(B) as a “crime of violence” for purposes of the Bail Reform Act. Bahl argues that cyberstalking under that provision does not categorically qualify as a crime of violence and that the government therefore was not entitled to seek detention on that basis.

Central to the motion is the January 2026 decision in United States v. Mangione, which the defense presents as new persuasive authority supporting its position. According to Bahl, that ruling constitutes new information with a material bearing on whether conditions could be imposed that would reasonably assure Wenke’s appearance in court and the safety of the community.

The 26-page filing argues that courts must examine whether the statutory elements of the charged offense—not simply the specific conduct alleged against a defendant—satisfy the federal definition of a crime of violence. The defense ultimately asks the court to reconsider Wenke’s pretrial detention and release him subject to bail conditions.