The opinion of the court was delivered by: Nathanael Cousins United States Magistrate Judge
ORDER OF DETENTION PENDING TRIAL
In accordance with the Bail Reform Act, 18 U.S.C. § 3142(f), a detention hearing was held on June 8, 2012. Defendant was present, represented by his attorney Elizabeth Falk, Assistant Federal Public Defender. The United States was represented by Assistant U.S. Attorney Randy Luskey. Neither party called any witnesses or introduced any documents into evidence. Both parties presented information through attorney proffers.
PART I.PRESUMPTIONS APPLICABLE
/ / The defendant is charged with an offense described in 18 U.S.C. § 3142(f)(1) and the defendant has been convicted of a prior offense described in 18 U.S.C. § 3142(f)(1) while on release pending trial for a federal, state or local offense, and a period of not more than five (5) years has elapsed since the date of conviction or the release of the person from imprisonment, whichever is later.
This establishes a rebuttable presumption that no condition or combination of conditions will reasonably assure the safety of any other person and the community.
There is probable cause based upon the complaint to believe that the defendant has committed an offense A. for which a maximum term of imprisonment of 10 years or more is prescribed in 21 U.S.C. § 801 et seq., § 951 et seq., or § 955a et seq., OR B. under 18 U.S.C. § 924(c): use of a firearm during the commission of a felony.
This establishes a rebuttable presumption that no condition or combination of conditions will reasonably assure the appearance of the defendant as required and the safety of the community.
/X/ No presumption applies.
PART II.REBUTTAL OF PRESUMPTIONS,IF APPLICABLE
/ / The defendant has not come forward with sufficient evidence to rebut the applicable presumption, and he therefore will be ordered detained.
/ / The defendant has come forward with evidence to rebut the applicable presumption[s] to wit: . Thus, the burden of proof shifts back to the United States.
PART III.PROOF (WHERE PRESUMPTIONS REBUTTED OR INAPPLICABLE) N/A PART IV.WRITTEN FINDINGS OF FACT AND STATEMENT OF REASONS FOR DETENTION
/ X / The Court has taken into account the factors set out in 18 U.S.C. § 3142(g) and all of the information submitted at the hearing and finds as follows: The Court adopts the facts set forth in the Pretrial Services Report and two addendums, which were not objected to by either party. The Court determines that the following facts establish by clear and convincing evidence that the defendant is a danger to any other person and the community (§ 3142(g)) defendant's criminal history, which includes convictions for misdemeanor participation in a criminal street gang and felony cocaine possession with intent to sell; arrests and dismissed charges for contempt of court, evading peace officer, assault with firearm, and battery; multiple juvenile charges; defendant's gang membership was not refuted at the hearing; defendant has one previous probation violation, and was on supervised probation at the time of the present offense. Furthermore, defendant has no current or previous documented employment. As to the weight of the evidence, while the defendant is presumed innocent of the charge against him, the government presented evidence that Gage possessed a firearm in a vehicle he was driving. Finally, the government presented circumstantial evidence that the defendant was a ...