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United States v. Avilas

United States District Court, D. Nebraska

January 25, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
OSCAR ONOFRE AVILAS, Defendant.

          DETENTION ORDER PENDING TRIAL

          Susan M. Bazis United States Magistrate Judge

         A. Order For Detention

         X 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.

         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: Distribution of Methamphetamine (mixture) in Counts 1 and 2 is a serious crime and carries a maximum penalty of 20 years imprisonment on each count.

         ___ (b) The offense is a crime of violence.

         X (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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