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United States v. Cox

United States District Court, S.D. Texas, Houston Division

March 29, 2017

UNITED STATES OF AMERICA
v.
KENDRIC COX

          ORDER OF DETENTION PENDING TRIAL

          Stephen Wm Smith United States Magistrate Judge

         In accordance with the Bail Reform Act, 18 U.S.C. § 3142(f), the Government moved for detention in this case. Defendant waived his right to a detention hearing. That waiver is entered in the record as Dkt. No. 6. 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 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. ...


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