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United States v. Huerta-Navarrete

United States District Court, D. Nebraska

October 24, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
GABINO HUERTA-NAVARRETE, Defendant.

          DETENTION ORDER

          Thomas D. Thalken United States Magistrate Judge

         A. Order For Detention

         Pursuant to 18 U.S.C. § 3142(f) of the Bail Reform Act on October 24, 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 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: having previously been convicted of a felony and deported from the United States, being found in the District of Nebraska after having re-entered the United States without the consent of the Attorney General or her successor in violation of 8 U.S.C. § 1326(a) and subject to ten years imprisonment under 8 U.S.C. § 1326(b).
___ (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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