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United States v. Lee

September 17, 2008

UNITED STATES OF AMERICA
v.
GREGORY SCOTT LEE DEFENDANT



The opinion of the court was delivered by: H. Bruce Guyton United States Magistrate Judge

ORDER OF DETENTION

(JORDAN/GUYTON)

In accordance with the Bail Reform Act, 18 U.S.C. § 3142(f), a detention hearing was held on September 17, 2008. The Court concludes that the following facts require the detention of the defendant pending the revocation hearing in this case on September 22, 2008 at 1:30 p.m.

Part I - Findings of Fact

[ ] (1) The defendant is charged with an offense described in 18 U.S.C. § 3142(f)(1) and 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 [Part I applicable statute]*fn1

[ ] 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 (an)other person(s) and the community. I further find that the defendant has not rebutted this presumption.

Alternative Findings (A)

[ ] (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. [ ] under 18 U.S.C. § 924(c). [ ] (2) The defendant has not rebutted the presumption established by finding 1 that no condition or combination of conditions will reasonably assure the appearance of the defendant as required and the safety of the community.

Alternative Findings (B)

[ ] (1) There is a serious risk that the defendant will not appear. [ X ] (2) There is a serious risk that the defendant will endanger the safety of another person or the community.

Part II - Written Statement of Reasons for Detention

There is probable cause to find that the defendant has violated several terms of his supervised release, including (1) failure to abide by the rules of Midway Rehabilitation Center, (2) failure to attend drug counseling, and (3) use of cocaine as indicated by positive drug screens and defendant's admission of cocaine use. The continued use of illegal drugs is inherently dangerous activity.

The evidence and other information provided at the hearing established by clear and convincing evidence that the defendant poses a serious risk of danger to another person or the community. Accordingly, no condition or combination of conditions will reasonably assure the safety of individuals or the community, if the ...


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