United States District Court, D. Nebraska
DETENTION ORDER PENDING TRIAL
M. Bazis United States Magistrate Judge
matter came on for a detention hearing on the 5th
day of May, 2017. The Court heard testimony from a potential
third party custodian, Maria Olea. The Court also heard
arguments of the parties. At the conclusion of the hearing
the Court ordered pretrial services to interview the
potential third party custodian, Maria Olea, and an
additional potential third party custodian, Estela Macias
Olea. Pretrial Services has completed their interviews and
has filed a second addendum to the pretrial services report,
which the Court has reviewed. (Filing No. 36).
Olea is the defendant's cousin and she last saw and had
contact with the defendant in December of 2015. Maria Olea
has no knowledge about methamphetamine. Maria Olea's
husband is not a legal resident of the United States. In
addition, Maria Olea's father is a Co-Defendant in this
case. For all of these reasons, the Court cannot find Maria
Olea to be a suitable third party custodian.
Macias Olea is the defendant's half-sister and resides in
Arizona. Estela Olea just moved because she was evicted from
her last residence for having too many people living in her
apartment. There is no lease on the new residence, which is a
month-to-month tenancy. Estela Olea is not employed. Estela
Olea's father is living with her and is currently going
through the court system for a Driving Under the Influence
charge. Estela Olea herself has a warrant in Colorado for
missing court on a leaving the scene of an accident charge.
For all of these reasons, the court cannot find that Estela
Macias Olea is a suitable third party custodian.
court grants the governments oral Motion for Detention and
further finds as follows:
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).
After the defendant waived 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).
Statement Of Reasons For The
Court orders the defendant's detention because it finds:
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.
Finding Of Fact
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
X (a) The crime(s): (Count I),
Conspiracy to Distribute andPossession with Intent
to Distribute Methamphetamine, and (Count III), Conspiracy to
Commit Money Laundering are serious crimes and carry a
maximum penalty of Life imprisonment as to Count I, and 20
years imprisonment ...