OPINION, MEMORANDUM AND ORDER
HENRY EDWARD AUTREY, District Judge.
This matter is before the Court on Judge Patricia Cohen's Order of Detention Pending Trial finding and ordering that defendant Dorian Furnace be detained without bail or bond pending trial. Defendant Furnace has filed His Motion For Revocation Of Detention Order. Accordingly, pursuant to 18 U.S.C. § 3145(b), the Court will make a de novo determination of the order of detention. The proper standard for this de novo review is with no deference to the decision of the Magistrate. United States v. Maull, 773 F.2d 1479, 1482 (8th Cir. 1982).
In the Order of Detention, Judge Cohen sets forth the factual background and the applicable law which give rise to her conclusion that the Defendant be detained without bail or bond. Defendant objects to Judge Cohen's conclusions and he argues that the findings or conclusions of detention is not supported by clear and convincing evidence that no release condition or set of conditions will reasonably assure the safety of the community.
It is the position of Defendant that he should be permitted to post bond because he poses no threat to the community and he is not a flight risk. He further suggests that he has appeared voluntarily for meetings with the government. Mr. Furnace also voluntarily surrendered himself into custody when asked to do so by the government. In addition he argues the government has recommended a bond in this matter.
For the reasons set forth below on the de novo review of the order of Judge Cohen, the Motion For Revocation of Detention Order will be denied.
Title 18, United States Code, Section 3142 establishes certain conditions of release pending trial and the basis for detention. Subsection (b) provides that a defendant shall be released on bond unless such release will not reasonably assure the appearance of the defendant or will endanger the safety of any person or the community.
Pursuant to Title 18, United States Code, Section 3142(g) the court must consider the following factors on the issue of whether the defendant is a flight risk or danger to the community:
(1) The 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 appearances; 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.
ANALYSIS OF FACTORS
The evidence or arguments that Defendant asserts in the motion and at oral argument of the motion relate to the existence of some degree of pre- arrest cooperation, assertion that his parole to the State of Missouri will terminate in November 2016, he has a child custody hearing set in June of 2016, and that release would make a substantial difference to his family. The Court will consider these statements, arguments, and the Pretrial Services Report as part of its de novo review.
The history and characteristics of the defendant is not such that he would be a stellar candidate for the Citizen of the Year Award. He has outstanding warrants for the following:
St. Louis County — 14SL-CR01896-01. This warrant was issued for failure to appear in court on April 26, 2016.
Velda Village Hills. Traffic warrants were issued for Mr. Furnace on April 12, 2016. An additional warrant was issued on April 26, 2016 for Failure to Appear.
St. Louis County Municipal Court. Warrants for Driving While Revoked and two Failure to Appear violations were issued on March 15, 2016.
Mr. Furnace is currently on parole through the Missouri State Board of Probation and Parole.
He has also been convicted of a number of drug offenses, the first of which he incurred at the age of seventeen.
Pretrial Release Report, pgs. 3 through 5.
In his statement to the Pretrial Release officer, the Defendant, Dorian Furnace, admitted that he has used Cannabinoids daily and has been in treatment at Gateway Free and Clean.
The Defendant has been involved in the use and distribution of controlled substances. He has been previously convicted of possession and distribution of controlled substances and by his own admission uses controlled substances.
The Court concludes by clear and convincing evidence that the release of the Defendant on bond would pose a danger to the community and finds by a preponderance of the evidence that there is considerable flight risk in releasing the Defendant on bond.
The Defendant's background and criminal history suggests that, upon proper proof, he would be subject to considerable period of incarceration. The term of imprisonment on the instant offense is lengthy and therefore, with the attendant circumstance of the defendant's historical criminal involvement and historical disrespect for the requirements of attendance at court proceedings this creates a substantial risk of flight.
The Court finds the release of the Defendant on bond would involve a risk of non-appearance.
The Court further finds the release of the Defendant on bond would constitute a danger to the community.
It is the further finding of the Court that there are no conditions or combination of conditions that will reasonably assure the safety of the community and the appearance of the Defendant as required if he were released on bond.
Accordingly,
IT IS HEREBY ORDERED that the Motion For Revocation Of Detention Order is Denied.
