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United States v. Johnson

United States District Court, D. Nebraska

November 28, 2018

UNITED STATES OF AMERICA,
v.
JORDEN JOHNSON, Defendant

          ORDER OF DETENTION PENDING TRIAL

          Michael D. Nelson United States Magistrate Judge.

         Part I - Eligibility for Detention

         Upon the

         [X] Motion of the Government attorney pursuant to 18 U.S.C. § 3142(f)(1), the Court held a detention hearing and found that detention is warranted.

         This order sets forth the Court's findings of fact and conclusions of law, as required by 18 U.S.C. § 3142(i), in addition to any other findings made at the hearing.

         Part II - Findings of Fact and Law as to Presumptions under § 3142(e)

         [X] B. Rebuttable Presumption Arises Under 18 U.S.C. § 3142(e)(3) (narcotics, firearm, other offenses): There is a rebuttable presumption that no condition or combination of conditions will reasonably assure the appearance of the defendant as required and the safety of the community because there is probable cause to believe that the defendant committed one or more of the following offenses:

         [X] (2) an offense under 18 U.S.C. §§ 924(c), 956(a), or 2332b;

         [X] C. Conclusions Regarding Applicability of Any Presumption Established Above

         [X] The defendant has presented evidence sufficient to rebut the presumption, but after considering the presumption and the other factors discussed below, detention is warranted.

         Part III - Analysis and Statement of the Reasons for Detention

         After considering the factors set forth in 18 U.S.C. § 3142(g) and the information presented at the detention hearing, the Court concludes that the defendant must be detained pending trial because the Government has proven:

         [X] By clear and convincing evidence that no condition or combination of conditions of release will reasonably assure the safety of any other person and the community.

         [X] By a preponderance of evidence that no condition or combination of conditions of release will reasonably assure the ...


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