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United States v. Gutierrez

United States District Court, D. Nebraska

June 29, 2016

UNITED STATES OF AMERICA, Plaintiff
v.
ANDRES GUTIERREZ, Defendant.

          DETENTION ORDER

          Thomas D. Thalken United States 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 29, 2016, 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 methamphetamine (Count I) in violation of 21 U.S.C. § 846, carries a minimum sentence of five years imprisonment and a maximum sentence of forty years imprisonment; the distribution of methamphetamine (Counts II and III) in violation of 21 U.S.C. § 841(a)(1) each carrying 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 ...

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