United States v. Smith, 8:17CR259. (2019)
Court: District Court, D. Nebraska
Number: infdco20190703e48
Visitors: 8
Filed: Jul. 02, 2019
Latest Update: Jul. 02, 2019
Summary: ORDER MICHAEL D. NELSON , Magistrate Judge . Defendant filed a Waiver of Detention Hearing [57] on July 2, 2019. The government moved for detention based upon risk of flight and danger. The defendant freely, knowingly, intelligently, and voluntarily waived the right to a detention hearing. The court finds that the defendant failed to meet his/her burden to establish by clear and convincing evidence that he/she will not flee or pose a danger to any other person or to the community. Fed. R. C
Summary: ORDER MICHAEL D. NELSON , Magistrate Judge . Defendant filed a Waiver of Detention Hearing [57] on July 2, 2019. The government moved for detention based upon risk of flight and danger. The defendant freely, knowingly, intelligently, and voluntarily waived the right to a detention hearing. The court finds that the defendant failed to meet his/her burden to establish by clear and convincing evidence that he/she will not flee or pose a danger to any other person or to the community. Fed. R. Cr..
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ORDER
MICHAEL D. NELSON, Magistrate Judge.
Defendant filed a Waiver of Detention Hearing [57] on July 2, 2019. The government moved for detention based upon risk of flight and danger. The defendant freely, knowingly, intelligently, and voluntarily waived the right to a detention hearing. The court finds that the defendant failed to meet his/her burden to establish by clear and convincing evidence that he/she will not flee or pose a danger to any other person or to the community. Fed. R. Crim. P. 32.1(a)(6); 18 U.S.C. § 3143(a)(1). The government's motion for detention is granted as to risk of flight and danger and the defendant shall be detained until further order of the Court.
The defendant shall be committed to the custody of the Attorney General or designated representative for confinement in a correctional facility and shall be afforded a reasonable opportunity for private consultation with defense counsel. Upon order of a United States court or upon request of an attorney for the government, the person in charge of the corrections facility shall deliver the defendant to the United States Marshal for an appearance in connection with a court proceeding.
IT IS SO ORDERED.
Source: Leagle
