United States District Court, S.D. Texas, Houston Division
ORDER OF DETENTION PENDING TRIAL
STEPHEN WM SMITH UNITED STATES MAGISTRATE JUDGE
accordance with the Bail Reform Act, 18 U.S.C. §
3142(f), the Government moved for detention pending trial and
the Defendant waived his right to a detention hearing. That
waiver of detention hearing 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 above-named
defendant pending trial in this case.
[ ] A.
Findings of Fact [18 U.S.C. § 3142(e), §
[ ] (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. §
[ ] 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
[ ] (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
[X ] B.
Findings of Fact [18 U.S.C. § 3142(e)]
There is probable cause to believe that the defendant ...