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United States v. Sellers

August 7, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
THOMAS J. SELLERS DEFENDANT.



The opinion of the court was delivered by: David R. Herndon Chief Judge United States District Court

ORDER

A. Order for Detention

On August 7, 2009, after conducting a de novo detention hearing pursuant to 18 U.S.C. § 3142(f) of the Bail Reform Act, the Court GRANTS the Government's motion de novo review of Magistrate Order of Pre-Trial Release (Doc. 298) and ORDERS 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: Conspiracy to distribute marijuana in excess of 1,000 kg in violation of in violation of 21 U.S.C. §§ 841(a)(1) and 841 (b)(1)(A), all in violation of 21 U.S.C. §846 and 18 U.S.C. § 2.

Penalty:

Not less than 10 years or more than life; a fine under Title 18; or both; and a term of supervised release not less than 5 years. b. The offense is a crime of ...


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