United States District Court, W.D. Texas, Austin Division
ORDER OF DETENTION PENDING TRIAL
I - Eligibility for Detention
Motion of the Government attorney pursuant to 18 U.S.C.
§ 3142(f)(1), the Court held a detention hearing and
found that detention is warranted. This order sets forth the
Court's findings of fact and conclusions of law, as
required by 18 U.S.C. § 3142(i), in addition to any
other findings made at the hearing.
II - Findings of Fact and Law as to Presumptions under §
Rebuttable Presumption Arises Under 18 U.S.C. §
3142(e)(3) (narcotics, firearm, other offenses): There is a
rebuttable presumption that no condition or combination of
conditions will reasonably assure the appearance of the
defendant as required and the safety of the community because
there is probable cause to believe that the defendant
committed one or more of the following offenses:
X (1) an offense for which a maximum term of imprisonment of
10 years or more is prescribed in the Controlled Substances
Act (21 U.S.C. §§ 801-904), the Controlled
Substances Import and Export Act (21 U.S.C. §§
951-971), or Chapter 705 of Title 46, U.S.C. (46 U.S.C.
§§ 70501-70508); or
[ ] (2) an offense under 18 U.S.C. §§ 924(c).
Conclusions Regarding Applicability of Any Presumption
presumption shifts to the defendant only the burden of
producing rebutting evidence, not the burden of persuasion.
United States v. Hare, 873 F.2d 796 (5th Cir. 1989).
Even assuming the defendant has produced adequate rebutting
evidence, the presumption remains a factor to be considered
by the Court and “may be weighed in the evidentiary
balance.” Id. at 799.
III - Analysis and Statement of the Reasons for
considering the factors set forth in 18 U.S.C. §
3142(g), the pretrial services report, and the evidence and
arguments of counsel presented at the detention hearing, the
Court concludes that the defendant must be detained pending
trial because the Government has proven:
X By clear and convincing evidence
that no condition or combination of conditions of release
will reasonably assure the safety of the community.
X By a preponderance of evidence that
no condition or combination of conditions of release will
reasonably assure the defendant's appearance as required.
addition to any findings made on the record at the hearing,
the reasons ...