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.

20040930