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United States v. Ortega-Munoz

United States District Court, D. Nebraska

August 23, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
MARTIN ORTEGA-MUNOZ, 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: 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 his 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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