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U.S. v. Hohnsebn, 16-CR-00336-PAB. (2017)

Court: District Court, D. Colorado Number: infdco20170717754 Visitors: 15
Filed: Jul. 14, 2017
Latest Update: Jul. 14, 2017
Summary: FINDINGS OF FACT, CONCLUSIONS OF LAW and REASONS FOR ORDER OF DETENTION MICHAEL J. WATANABE , Magistrate Judge . This matter is before the court for detention hearing on July 14, 2017. The court has taken judicial notice of the court's file and the pretrial services report. In addition, the court has considered the proffers by the defendant and the government. In order to sustain a motion for detention, the government must establish that (a) there is no condition or combination of conditio
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FINDINGS OF FACT, CONCLUSIONS OF LAW and REASONS FOR ORDER OF DETENTION

This matter is before the court for detention hearing on July 14, 2017. The court has taken judicial notice of the court's file and the pretrial services report. In addition, the court has considered the proffers by the defendant and the government.

In order to sustain a motion for detention, the government must establish that (a) there is no condition or combination of conditions which could be imposed in connection with pretrial release that would reasonably insure the defendant's presence for court proceedings; or (b) there is no condition or combination of conditions which could be imposed in connection with pretrial release that would reasonably insure the safety of any other person or the community. The former element must be established by a preponderance of the evidence, while the latter requires proof by clear and convincing evidence.

If there is probable cause to believe that the defendant committed an offense which carries a maximum term of imprisonment of over 10 years and is an offense prescribed by the Controlled Substances Act, a rebuttable presumption arises that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community.

The Bail Reform Act, 18 U.S.C. § 3142(g), directs the court to consider the following factors in determining whether there are conditions of release that will reasonably assure the appearance of the defendant as required and the safety of any other person and the community:

(1) [t]he nature and circumstances of the offense charged, including whether the offense is a crime of violence or involves a narcotic drug; (2) the weight of the evidence against the person; (3) the history and characteristics of the person, including — (A) the person's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings; and (B) whether at the time of the current offense or arrest, the person was on probation, on parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense under Federal, State or local law; and (4) the nature and seriousness of the danger to any person or the community that would be posed by the person's release.

The government is requesting detention in this case. In making my findings of fact, I have taken judicial notice of the information set forth in the pretrial services report and the entire court file, and have considered the proffer submitted by the government and defense counsel and the arguments of counsel. Weighing the statutory factors set forth in the Bail Reform Act, I find the following:

First, the defendant has been charged in the Indictment with Felon in Possession of a Firearm and Ammunition in violation of 18 U.S.C. § 922(g)(1).

Second, based upon the Indictment, I find probable cause exists as to the above listed charge.

Third, I find that the nature of the charge in this case involves the possession of a firearm and ammunition by a previously convicted felon.

Fourth, I find that defendant is unemployed. Defendant has no assets or liabilities. Defendant does possess a valid Colorado Driver's License.

Fifth, I find that defendant has used at least one alias name in the past. Defendant was affiliated with the Surenos Street Gang from age 15 to until 2015. Defendant reported to pretrial release services that he attempted suicide on July 7, 2016, but does not currently have any thoughts of suicide. Defendant has a history of alcohol use at age 13; marijuana use at age 15; cocaine use at age 17 and methamphetamine use at age 16. He admitted using methamphetamine in 2016. Defendant has suffered a juvenile adjudication for Harassment (misdemeanor). Defendant has suffered adult convictions for Identification Theft (felony); Second Degree Burglary of a Dwelling (felony); First Degree Trespass of an Automobile with Intent to Commit Crime (felony); Aggravated Robbery-Menace Victim with a Deadly Weapon (felony); Attempt to Influence a Public Servant (felony) and Third Degree Assault — Knowingly/Recklessly Causing Injury (misdemeanor).

Sixth, I find that defendant has suffered eight prior failures to appear and two prior failures to comply all resulting in warrants being issued. Defendant has had his adult probation revoked on three separate occasions in the past. Defendant has had his Youthful Offender Sentence revoked in the past. Defendant is currently on absconder status in regards to his state of Colorado criminal cases. Defendant has committed new criminal offenses while on probation and while on Youthful Offender Sentence. Defendant is a flight risk and a danger to the community.

In light of these facts, I find, by clear and convincing evidence, that defendant is both a flight risk and a danger to the community and that no condition or combination of conditions of release will reasonably assure his presence in court and the safety of the community. Accordingly, I order that the defendant be detained without bond.

Source:  Leagle

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