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United States v. Malesker

United States District Court, Eighth Circuit

June 5, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
SHAWN A. MALESKER, Defendant.

DETENTION ORDER

THOMAS D. THALKEN, Magistrate Judge.

A. Order For Detention

After waiving a detention hearing pursuant to 18 U.S.C. § 3142(f) of the Bail Reform Act on June 5, 2013, the Court orders the above-named defendant detained pursuant to 18 U.S.C. § 3142(e) and (i).

B. Statement Of Reasons For The Detention

The Court orders the defendant's detention because it finds:

X By a preponderance of the evidence that no condition or combination of conditions will reasonably assure the appearance of the defendant as required.
X By clear and convincing evidence that no condition or combination of conditions will reasonably assure the safety of any other person or the community.

C. Finding Of Fact

The Court's findings are based on the evidence which was presented in court and contained in the Pretrial Services Report, and includes the following:

X (1) Nature and circumstances of the offense charged:
X (a) The crime: a conspiracy to distribute marijuana (Count I) in violation of 21 U.S.C. § 846 carries a maximum sentence of twenty years imprisonment; and a conspiracy to commit money laundering (Count II) in violation of 18 U.S.C. § 1956(h) carries a maximum sentence of twenty years imprisonment.
(b) The offense is a crime of violence.
(c) The offense involves a narcotic drug.
(d) The offense involves a large amount of controlled substances, to wit: ________________________________________________________________
(2) The weight of the evidence against the defendant is high.
X (3) The history and characteristics of the ...

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