“Placing someone in fear of future injury, at best, contemplates a threat of physical injury, not a threatened use of violent force,” Daffin wrote in the motion.
In January, a federal judge denied bond for Kemp. Federal Magistrate Judge Linda Walker said Kemp could be a flight risk.
Federal investigators said then that Kemp and 35-year-old Lewis Jones III were partners in a series of armed robberies that began in April 2015 at Jared Vault in Woodstock and continued until Jan. 4, when a Mebane, N.C., store was targeted.
Within days of distributing photos of two suspects in the string of crimes, investigators identified the pair, thanks to tips from the public and cellphone pings.
On Jan. 8, Kemp and Jones were together when agents arrived at a Smyrna apartment. Both were arrested and each charged with conspiracy to interfere with commerce by threats or violence.
Daffin requested a decision be made regarding Kemp's charges before May 31, according to the Panama City News Herald.
— The Associated Press and AJC staff writer Alexis Stevens contributed to this article.