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U.S. v. WIGGINS, 8:12CR311. (2013)

Court: District Court, D. Nebraska Number: infdco20130604a42 Visitors: 26
Filed: Jun. 03, 2013
Latest Update: Jun. 03, 2013
Summary: ORDER F.A. GOSSETT, III, Magistrate Judge. This case is before the court on the defendant Donald Wiggins' Motion to Review Detention (#356). The defendant moves the court for release from incarceration so that he may attend a Salvation Army adult rehabilitation program. The defendant is currently in custody for reasons set out in the court's October 22, 2012 Detention Order (#110) and is set for trial on June 24, 2013 before the Honorable Joseph F. Bataillon. After reviewing the motion and th
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ORDER

F.A. GOSSETT, III, Magistrate Judge.

This case is before the court on the defendant Donald Wiggins' Motion to Review Detention (#356). The defendant moves the court for release from incarceration so that he may attend a Salvation Army adult rehabilitation program. The defendant is currently in custody for reasons set out in the court's October 22, 2012 Detention Order (#110) and is set for trial on June 24, 2013 before the Honorable Joseph F. Bataillon.

After reviewing the motion and the defendant's September 27, 2012 Pretrial Services Report (#24), I find the motion should be denied. A review of the defendant's Pretrial Services report shows the defendant has a significant prior criminal record, including three prior felony convictions (1986, 1991, and 2010). Additionally, I would note that the proposed release plan fails to rebut the presumption of detention under 18 U.S.C. § 3142(e).

IT IS ORDERED that defendant's Motion to Review Detention (#356) is denied without hearing.

Source:  Leagle

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