United States District Court, D. Nebraska
ORDER OF DETENTION PENDING TRIAL
Michael D. Nelson United States Magistrate Judge.
I - Eligibility for Detention
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.
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.
II - Findings of Fact and Law as to Presumptions under §
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
(2) an offense under 18 U.S.C. §§
924(c), 956(a), or 2332b;
C. Conclusions Regarding Applicability of Any
Presumption Established Above
defendant has presented evidence sufficient to rebut the
presumption, but after considering the presumption and the
other factors discussed below, detention is warranted.
III - Analysis and Statement of the Reasons for
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:
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.
a preponderance of evidence that no condition or combination
of conditions of release will reasonably assure the