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United States v. Gramajo-Reyes

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

September 17, 2019

UNITED STATES OF AMERICA
v.
ROLAND OMAR GRAMAJO-REYES

          ORDER OF DETENTION PENDING TRIAL

          FRANCES H. STACY UNITED STATES MAGISTRATE JUDGE.

         In accordance with the Bail Reform Act, 18 U.S.C. § 3142(f), a detention hearing has been held. I conclude that the following facts are established by clear and convincing evidence and require the detention of the above-named defendants pending trial in this case.

         Findings of Fact

         [] A. Findings of Fact [18 U.S.C. § 3142(e), § 3142(f)(1)].

         [] (1) The defendants have 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 defendants have 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 defendants were 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 defendants 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 defendants have not rebutted this presumption.

         [] B. Findings of Fact [18 U.S.C. § 3142(e)]

         [] (1) There is probable cause to believe that the defendants ...


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