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United States v. Claymore

April 22, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
KEVIN CLAYMORE, JR. DEFENDANT.



The opinion of the court was delivered by: Charles S. Miller, Jr. United States Magistrate Judge

ORDER OF DETENTION PENDING VIOLATION HEARING

In accordance with the Bail Reform Act, 18 U.S.C. § 3142(f), I conclude that the following facts require the detention of the defendant.

PART I -- FINDINGS AND CONCLUSIONS

Alternative A -- The Court finds:

(1) There is probable cause to believe that defendant has committed an offense listed in 18 U.S.C. § 3142(e)(3), and

(2) Defendant has not rebutted the presumption that no condition or combination of conditions will reasonably assure the defendant's appearance and the safety of the community.

Alternative B -- The Court finds one or more of the following:

(1) The Government has proven by preponderance of the evidence that no condition or combination of conditions will reasonably assure defendant's appearance.

(2) The Government has proven by clear and convincing evidence that no condition or combination of conditions will reasonably ensure the safety of other persons or the community.

(3) The Government has proven by a preponderance of the evidence that there is a serious risk that defendant will obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate, a prospective witness or juror.

Alternative C -- The Court finds one of the following:

(1) Defendant does not contest detention at this time.

(2) Defendant is not eligible for release ...


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