Filed: Nov. 17, 2015
Latest Update: Nov. 17, 2015
Summary: ORDER OF DETENTION PENDING TRIAL STEPHEN WM SMITH , Magistrate Judge. In accordance with the Bail Reform Act, 18 U.S.C. 3142(f), a detention hearing has been held. I conclude that the following facts are established by a preponderance of the evidence or clear and convincing evidence and require the detention of the above-named defendant pending trial in this case. Findings of Fact [] A. Findings of Fact [18 U.S.C. 3142(e), 3142(f)(1)]. [] (1) The defendant has been convicted of a
Summary: ORDER OF DETENTION PENDING TRIAL STEPHEN WM SMITH , Magistrate Judge. In accordance with the Bail Reform Act, 18 U.S.C. 3142(f), a detention hearing has been held. I conclude that the following facts are established by a preponderance of the evidence or clear and convincing evidence and require the detention of the above-named defendant pending trial in this case. Findings of Fact [] A. Findings of Fact [18 U.S.C. 3142(e), 3142(f)(1)]. [] (1) The defendant has been convicted of a ..
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ORDER OF DETENTION PENDING TRIAL
STEPHEN WM SMITH, Magistrate Judge.
In accordance with the Bail Reform Act, 18 U.S.C. § 3142(f), a detention hearing has been held. I conclude that the following facts are established by a preponderance of the evidence or clear and convincing evidence and require the detention of the above-named defendant pending trial in this case.
Findings of Fact
[] A. Findings of Fact [18 U.S.C. § 3142(e), § 3142(f)(1)].
[] (1) The defendant has been convicted of a (federal offense) (state or local offense that would have been a federal offense if a circumstance giving rise to federal jurisdiction had existed) that is
[] a crime of violence as defined in 18 U.S.C. § 3156(a)(4).
[] an offense for which the maximum sentence is life imprisonment or death.
[] an offense for which a maximum term of imprisonment of ten years or more is prescribed in 21 U.S.C. () § 801 et seq. () § 951 et seq. () § 955(a).
[] a felony that was committed after the defendant had been convicted of two or more prior federal offenses described in 18 U.S.C. § 3142(f)(1) (A)-(C), or comparable state or local offenses.
[] (2) The offense described in finding 1 was committed while the defendant was on release pending trial for a federal, state or local offense.
[] (3) A period of not more than five years has elapsed since the (date of conviction) (release of the defendant from imprisonment) for the offense described in finding 1.
[] (4) Findings Nos. 1, 2, and 3 establish a rebuttable presumption that no condition or combination of conditions will reasonably assure the safety of any other person and the community. I further find that the defendant has not rebutted this presumption.
[] B. Findings of Fact [18 U.S.C. § 3142(e)]
[] (1) There is probable cause to believe that the defendant has committed an offense
[] for which a maximum term of imprisonment of ten years or more is prescribed in 21 U.S.C. () § 801 et seq. () § 951 et seq. () § 955(a).
[] under 18 U.S.C. § 924(c).
[] (2) The defendant has not rebutted the presumption established by finding 1 that no condition or combination of conditions will reasonably assure the appearance of the defendant as required and the safety of the community.
[X] C. Findings of Fact [18 U.S.C. § 3142(f)(2)]
[X] (1) Defendant is accused of wire fraud in violation of 18 U.S.C. § 1343, theft of public money in violation of 18 U.S.C. §§ 641 and 642, and aggravated identity theft in violation of 18 U.S.C. §§ 1028a.
[X] (2) There is a serious risk that the defendant will flee.
[] (3) Defendant represents a danger to the community.
[] (4) There is a serious risk that the defendant will (obstruct or attempt to obstruct justice) (threaten, injure, or intimidate a prospective witness or juror, or attempt to do so).
[X] D. Findings of Fact [18 U.S.C. § 3142(c)]
[] (1) As a condition of release of the defendant, bond was set as follows:
[] (2)
[X] (3) I find that there is no condition or combination of conditions set forth in 18 U.S.C. § 3142(c) which will reasonably assure the appearance of the defendant as required.
[] (4) I find that there is no condition or combination of conditions set forth in 18 U.S.C. § 3142(c) which will reasonably assure the safety of any other person or the community.
Written Statement of Reasons for Detention
I find that the accusations in the indictment, information submitted in the Pretrial Services Agency report, and information at the detention hearing establish by a preponderance of the evidence that no condition or combination of conditions will reasonably assure the appearance of the defendant as required.
I conclude that the following factors specified in 18 U.S.C. § 3142(g) are present and are to be taken into account:
1. Defendant is a 23 year old born in Houston, Texas who moved to Nigeria as a child and returned to the United States in 2010. He has moved between friends and family since returning from Nigeria and has lived with his girlfriend for the last 2 months. His father still lives in Nigeria and his mother lives in the Dallas, Texas area. He has a sister and a brother both living in the Houston area. He reports that his passport and birth certificate were stolen. He has not been regularly employed since 2013.
2. Defendant's criminal history include a pending felony charge in state court of credit/debit card abuse. He was on bond on the state charge at the time of his arrest. He admits recent use of marijuana. There are various social security numbers associated with his name.
3. Defendant is charged with wire fraud in violation of 18 U.S.C. § 1343, theft of public money in violation of 18 U.S.C. §§ 641 and 642, and aggravated identity theft in violation of 18 U.S.C. §§ 1028a. He faces a potential penalty of up to 20 years in prison.
4. There is no condition or combination of conditions of release which would assure the appearance of the defendant in court. Detention is ordered.
Directions Regarding Detention
It is therefore ORDERED that the defendant is committed to the custody of the Attorney General or his designated representative for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal. The defendant shall be afforded a reasonable opportunity for private consultation with defense counsel. On order of a court of the United States or on 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 the purpose of an appearance in connection with all court proceedings.
