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United States v. Johnson

April 25, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
WILLIE F. JOHNSON, DEFENDANT.



The opinion of the court was delivered by: Proud, Magistrate Judge

ORDER of DETENTION

This matter is now before the court on the Government's Motion to Revoke Bond. (Doc. 19).

On March 5, 2008, defendant Willie F. Johnson was released on bond pending trial. (Doc. 8).

While represented by counsel, defendant waived his right to an evidentiary hearing in open court on April 25, 2008. Defendant did not oppose the Government's motion.

18 U.S.C. § 3148 mandates that an order of revocation and detention be entered if the Court:

(1) finds that there is--

(A) probable cause to believe that the person has committed a Federal,

State, or local crime while on release; or

(B) clear and convincing evidence that the person has violated any other condition of release; and

(2) finds that--

(A) based on the factors set forth in section 3142(g) of this title, there is no condition or combination of conditions of release that will assure that the person will not flee or pose a danger to the safety of any other person or the community; or

(B) the person is unlikely to abide by any condition or combination of conditions of release.

If there is probable cause to believe that, while on release, the person committed a Federal, State, or local felony, a rebuttable presumption arises that no condition or combination of conditions will assure that the person will not pose a danger to the safety of any other person or the community. If the judicial officer finds that there are conditions of release that will assure that the person will not flee or pose a danger to the safety of any other person or the community, and that the person will abide by such conditions, the judicial officer ...


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