Part III - Analysis and Statement of the Reasons for Detention After considering the factors set forth in 18 U.S.C. § 3142(g) and the information presented at the detention hearing, the Court concludes that the defendant must be detained pending trial because the Government has proven: By clear and convincing evidence that no condition or combination of conditions of release will reasonably assure the safety of any other person and the community.
In addition to any findings made on the record at the hearing, the reasons for detention include the following: Weight of evidence against the defendant is strong Subject to lengthy period of incarceration if convicted Prior criminal history Participation in criminal activity while on probation, parole, or supervision History of violence or use of weapons History of alcohol or substance abuse Lack of stable employment Lack of stable residence Lack of financially responsible sureties Page 2 of 3 AO 472 (Rev.
11/16) Order of Detention Pending Trial Lack of significant community or family ties to this district Significant family or other ties outside the United States Lack of legal status in the United States Subject to removal or deportation after serving any period of incarceration Prior failure to appear in court as ordered Prior attempt(s) to evade law enforcement Use of alias(es) or false documents Background information unknown or unverified Prior violations of probation, parole, or supervised release
Factors indicating risk of nonappearance: - substance use history - status of unhoused - status of unemployed - no bail resources - criminal history that includes failure to obey court orders, including repeated failures to appear - weight of the evidence Factors indicating risk of danger to others or the community: - nature of instant allegations - extensive criminal history - weight of the evidence Part IV - Directions Regarding Detention The defendant is remanded to the custody of the Attorney General or to the Attorney General’s 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.
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 facility must deliver the defendant to a United States Marshal for the purpose of an appearance in Marshal for the purpose of an connection with a court proceeding.