United States v. Aspinall

ORDER OF DETENTION AFTER HEARING (18 U.S.C. §3142(i))
I.

A. (√) motion of the Government involving an alleged

1. () crime of violence;
2. () offense with maximum sentence of life imprisonment or death;
3. (√) narcotics or controlled substance offense with maximum sentence of ten or more years (21 U.S.C. §§ 801.7951, et. seq.,/955a):
4. () felony - defendant convicted of two or more prior offenses described above;
5. (√) any felony that is not otherwise a crime of violence that involves a minor victim, or possession or use of a firearm or destructive device or any other dangerous weapon, or a failure to register under 18 U.S.C § 2250.

B. () On motion () (by the Government) / () (by the Court sua sponte involving)

1. () serious risk defendant will flee;

2. () serious risk defendant will

a. () obstruct or attempt to obstruct justice;
b. () threaten, injure, or intimidate a prospective witness or juror or attempt to do so,

II

The Court finds no condition or combination of conditions will reasonably assure:

A. (√) appearance of defendant as required; and/or
B. (√) safety of any person or the community.

III.

The Court has considered:

A. (√) the nature and circumstances of the offense, including whether the offense is a crime of violence, a Federal crime of terrorism, or involves a minor victim or a controlled substance, firearm, explosive, or destructive device;

B. (√) the weight of evidence against the defendant;

C. (√) the history and characteristics of the defendant;

D. (√) the nature and seriousness of the danger to any person or to the community.

IV.

The Court concludes:

A. (√) Defendant poses a risk to the safety of other persons or the community because:

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B. (√) History and characteristics indicate a serious risk that defendant will flee because:

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C. () A serious risk exists that defendant will:

1. () obstruct or attempt to obstruct justice;
2. () threaten, injure or intimidate a witness/juror, because:
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D. (√) Defendant has not rebutted by sufficient evidence to the contrary the presumption provided in 18 U.S.C. § 3142 (e).

IT IS ORDERED that defendant be detained prior to trial.

IT IS FURTHER ORDERED that defendant be confined as far as practicable in a corrections facility separate from persons awaiting or serving sentences or person held pending appeal.

IT IS FURTHER ORDERED that defendant be afforded reasonable opportunity for private consultation with his counsel.

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U.S. MAGISTRATE / DISTRICT JUDGE