United States District Court, D. Colorado
FINDINGS OF FACT, CONCLUSIONS OF LAW and REASONS FOR
ORDER OF DETENTION
Michael J. Watanabe U.S. Magistrate Judge
matter was before the court for detention hearing on October
20, 2017. The court has taken judicial notice of the
court's file and the pretrial services memorandum dated
October 19, 2017. The defendant is not contesting detention.
The court now being fully informed makes the following
findings of fact, conclusions of law and order for detention.
order to sustain a motion for detention, the government must
establish that (a) there is no condition or combination of
conditions which could be imposed in connection with pretrial
release that would reasonably insure the defendant's
presence for court proceedings; or (b) there is no condition
or combination of conditions which could be imposed in
connection with pretrial release that would reasonably insure
the safety of any other person or the community. The former
element must be established by a preponderance of the
evidence, while the latter requires proof by clear and
there is probable cause to believe that the defendant
committed an offense which carries a maximum term of
imprisonment of over 10 years and is an offense prescribed by
the Controlled Substances Act, a rebuttable presumption
arises that no condition or combination of conditions will
reasonably assure the appearance of the person as required
and the safety of the community.
Bail Reform Act, 18 U.S.C. § 3142(g), directs the court
to consider the following factors in determining whether
there are conditions of release that will reasonably assure
the appearance of the defendant as required and the safety of
any other person and the community:
[t]he nature and circumstances of the offense charged,
including whether the offense is a crime of violence or
involves a narcotic drug;
weight of the evidence against the person;
history and characteristics of the person, including -
(A) the person's character, physical and mental
condition, family ties, employment, financial resources,
length of residence in the community, community ties, past
conduct, history relating to drug or alcohol abuse, criminal
history, and record concerning appearance at court
(B) whether at the time of the current offense or arrest, the
person was on probation, on parole, or on other release
pending trial, sentencing, appeal, or completion of sentence
for an offense under Federal, State or local law; and
nature and seriousness of the danger to any person or the
community that would be posed by the person's release.
making my findings of fact, I have taken judicial notice of
the information set forth in the Pretrial Investigation
Memorandum dated October 19, 2017 and the entire court file.
Weighing the statutory factors set forth in the Bail Reform
Act, I find the following:
I find that the defendant has been charged in the Indictment
with Possession of a Firearm and Ammunition by a Prohibited
Person in violation of 18 U.S.C. § 922(g)(1).
I find that probable cause exists that the defendant
committed the charged ...