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U.S. v. GUIDRY, G-15-MJ-95 (1) (2015)

Court: District Court, S.D. Texas Number: infdco20160115o20 Visitors: 2
Filed: Dec. 23, 2015
Latest Update: Dec. 23, 2015
Summary: ORDER OF DETENTION JOHN R. FROESCHNER , Magistrate Judge . On December 22, 2015, the Court conducted a combined Preliminary and Detention Hearing in the above-styled and numbered cause; the Government moved for the detention of the Defendant, Benjamin Douglas Guidry. The Government offered the testimony of F.B.I Agent Kelly Berry; Guidry made a proffer supporting his release. The Court also made the Pretrial Services report, which recommended detention, a part of the record. Having now
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ORDER OF DETENTION

On December 22, 2015, the Court conducted a combined Preliminary and Detention Hearing in the above-styled and numbered cause; the Government moved for the detention of the Defendant, Benjamin Douglas Guidry. The Government offered the testimony of F.B.I Agent Kelly Berry; Guidry made a proffer supporting his release. The Court also made the Pretrial Services report, which recommended detention, a part of the record. Having now considered all of the evidence the Court issues the following findings of fact and conclusions of law.

The Court FINDS that there is probable cause to believe that Guidry committed the offense of attempting to produce child pornography.

The Court further FINDS, in accordance with the Bail Reform Act, 18 U.S.C. §3142(f), that the following facts are established by clear and convincing evidence and require the detention of the Benjamin Douglas Guidry pending trial in this case:

1. Given the combination of, inter alia, the evidence of Guidry's possession of a sexually explicit video of child pornography, his inappropriate actions towards several minor females and the video he apparently he made of one minor female while she slept, the Court FINDS there is probable cause to believe that Guidry committed a violation of 18 U.S.C. §2251;

2. That by virtue of the probable cause finding a rebuttable presumption was created in favor of Guidry's detention, 18 U.S.C. §3142(e)(3)(E);

3. that Guidry's proffer of his parents' support and the availability of a local residential treatment facility failed to rebut the presumption created by 18 U.S.C. §3142(e)(3)(E);

5. that by virtue of the foregoing findings Guidry would constitute a danger to the community if released; and

6. that the credible evidence and information submitted establishes by clear and convincing evidence that there is no condition or combination of conditions which could be imposed upon Guidry by this Court to reasonably assure his appearance as required and the safety of any other person and the community if he were released.

It is, therefore, ORDERED that Benjamin Douglas Guidry be, and he is hereby, 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.

It is further ORDERED that Benjamin Douglas Guidry SHALL be afforded a reasonable opportunity for private consultation with defense counsel.

It is further ORDERED that upon Order of a Court of the United States or upon request of an attorney for the Government, the person in charge of the corrections facility SHALL deliver Benjamin Douglas Guidry to the United States Marshal for the purpose of an appearance in connection with a Court proceeding.

Source:  Leagle

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