Filed: Mar. 13, 2014
Latest Update: Mar. 13, 2014
Summary: DETENTION ORDER MARY ALICE THEILER, Chief Magistrate Judge. Offense charged: Conspiracy to Distribute and Attempt to Possess with Intent to Distribute Methamphetamine Date of Detention Hearing: March 13, 2014. The Court, having conducted a detention hearing pursuant to 18 U.S.C. 3142(f), and based upon the factual findings and statement of reasons for detention hereafter set forth, finds that no condition or combination of conditions which defendant can meet will reasonably assure the ap
Summary: DETENTION ORDER MARY ALICE THEILER, Chief Magistrate Judge. Offense charged: Conspiracy to Distribute and Attempt to Possess with Intent to Distribute Methamphetamine Date of Detention Hearing: March 13, 2014. The Court, having conducted a detention hearing pursuant to 18 U.S.C. 3142(f), and based upon the factual findings and statement of reasons for detention hereafter set forth, finds that no condition or combination of conditions which defendant can meet will reasonably assure the app..
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DETENTION ORDER
MARY ALICE THEILER, Chief Magistrate Judge.
Offense charged: Conspiracy to Distribute and Attempt to Possess with Intent to Distribute Methamphetamine
Date of Detention Hearing: March 13, 2014.
The Court, having conducted a detention hearing pursuant to 18 U.S.C. § 3142(f), and based upon the factual findings and statement of reasons for detention hereafter set forth, finds that no condition or combination of conditions which defendant can meet will reasonably assure the appearance of defendant as required and the safety of other persons and the community.
FINDINGS OF FACT AND STATEMENT OF REASONS FOR DETENTION
1. Defendant has been charged by Complaint in the District of Kansas with conspiring to distribute and attempting to possess with intent to distribute more than 50 grams of methamphetamine.
2. Defendant is a resident of this District, with most of his family ties here. He has a brother who resides in Kansas. Defendant is not employed. His past criminal record includes firearms and VUCSA charges. Although defendant allegedly told the pretrial services officer that he did not possess any weapons and had recently sold all of his firearms to his nephew, eight firearms were located during a search of his storage unit, together with three stolen motorcycles.
3. Defendant admits to daily methamphetamine use after his release from prison on previous state charges.
4. Defendant poses a risk of nonappearance due to lack of employment, lack of ties to the charging District, and current drug use. He poses a risk of danger due to criminal record and discrepancies regarding the possession of firearms.
5. There does not appear to be any condition or combination of conditions that will reasonably assure the defendant's appearance at future Court hearings while addressing the danger to other persons or the community. However, the charging District may wish to revisit this determination at the time of defendant's first appearance in the District of Kansas. It is therefore ORDERED:
1. Defendant shall be detained pending trial and committed to the custody of the Attorney General for confinement in a correction facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal;
2. Defendant shall be afforded reasonable opportunity for private consultation with counsel;
3. On order of the United States or on request of an attorney for the Government, the person in charge of the corrections facility in which defendant is confined shall deliver the defendant to a United States Marshal for the purpose of an appearance in connection with a court proceeding; and
4. The Clerk shall direct copies of this Order to counsel for the United States, to counsel for the defendant, to the United States Marshal, and to the United State Pretrial Services Officer.
