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United States v. Herrera

June 1, 2006

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ALBERT HERRERA (2), DEFENDANT.



The opinion of the court was delivered by: Donald G. Wilkerson United States Magistrate Judge

ORDER

A. Order for Detention

This matter is before the court on the Motion for Detention filed by the government on 6/1/06. The motion is GRANTED. The defendant having appeared by counsel and executed a waiver of detention hearing and consented to detention, pursuant to 18 U.S.C. § 3142(f) of the Bail Reform Act, the Court orders the above-named defendant detained pursuant to 18 U.S.C. § 3142(e) and (i).

B. Statement of Reasons for the Detention

The Court orders the defendant's detention because it finds:

X By a preponderance of the evidence that no condition or combination of conditions will will reasonably assure the appearance of the defendant as required.

X By clear and convincing evidence that no condition or combinations of conditions will reasonably assure the safety of any other person and the community.

C. Findings of Fact

The Court's findings are based on the evidence which was presented in Court and that which was contained in the Pretrial Services Report, and includes the following:

X 1. Nature and circumstances of the offense charged:

X a. The crime:

Count 1: Distribution of crack cocaine, in violation 21 U.S.C. § 841(a)(1) and 841(b)(1)(B) Penalty: 5-40 years' imprisonment; no greater than $2 million fine or both; not less than 4 years' supervised release. b. The offense is a crime of violence.

X c. The offense involves a narcotic drug.

X d. The offense involves a large amount of controlled ...


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