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United States v. Castro-Gutierrez

United States District Court, D. Nebraska

June 24, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
TOMAS CASTRO-GUTIERREZ, Defendant.

          DETENTION ORDER PENDING TRIAL

          F.A. Gossett, III United States Magistrate Judge

         A. Order For Detention

         After conducting a detention hearing pursuant to 18 U.S.C. § 3142(f) of the Bail Reform Act, 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.
___ 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 that which was contained in the Pretrial Services Report, and includes the following:

         _X_(1) Nature and circumstances of the offense charged:

_X_(a) The crime: (Count I) Illegal Re-entry Following a Felony Conviction is a serious crime and carries a maximum penalty of 10 years imprisonment. (Count II) False Representation of a Social Security Number, (Count III) False Claim of U.S. Citizenship, and (Count IV) Fraud and Misuse of Identification Documents are serious crimes and carry a maximum penalty of 5 years imprisonment per count.
___(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, ...

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