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United States v. Anderson

United States District Court, Fifth Circuit

December 20, 2013

UNITED STATES OF AMERICA
v.
TEARLE SCOTT ANDERSON.

MEMORANDUM OPINION AND ORDER OF DETENTION PENDING TRIAL

JASON B. LIBBY, Magistrate Judge.

A detention hearing has been held in accordance with the Bail Reform Act, 18 U.S.C. § 3142(f). The following requires detention of the defendant pending trial in this case:

(1) The defendant has been indicted for an offense for which a maximum term of imprisonment of ten years or more is prescribed in 21 U.S.C. § 841(b)(1)(B); and

(2) The defendant has not rebutted the presumption that no condition or combination of conditions will reasonably assure the appearance of the defendant as required and the safety of the community.

The defendant has been indicted and, therefore, the evidence meets the probable cause standard. Further, the defendant was on bond for a felony offense at the time he is alleged to have committed the instant offense. The Court believes the defendant would be either unwilling or unable to follow court ordered conditions in this case if released, including appearing for court. The findings and conclusions contained in the Pretrial Services Report are adopted.

The defendant is committed to the custody of the United States Marshal 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 ...


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