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U.S.A. v. HENDRIX
September 30, 2004.
U.S.A.
v.
Hendrix.
The opinion of the court was delivered by: JAMES ZAGEL, District Judge
The motion for bail is denied. While it is true that some
security perhaps as much as $100,000 is available, and
defendant's wife is willing to serve as a third-party custodian,
the factors that speak against bail are far greater. Defendant
has failed to meet bond conditions on several occasions in the
past. The sentence faced is quite severe, and flight may be the
better option, particularly where, as here, the alleged criminal
acts are captured on videotape. Moreover, the offenses captured
on videotape occurred at two widely separated times which
suggests that the offenses are part of a continuing pattern of
conduct. In fact, the defendant has three prior felony
drug-related convictions. The offense charged here by the grand
Jury creates a rebuttable presumption of detention. The
presumption has not been rebutted. 18 U.S.C. § 3142 (e). Even
without the presumption, detention is warranted. There is both a
risk of flight and a danger to the community.
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