Free Order of Detention - District Court of Colorado - Colorado

Case 1:01-cr-00279-WYD

Document 51

Filed 04/20/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Gudrun J. Rice UNITED STATES OF AMERICA v. JOHNNY FRANK COLEMAN, Defendant Case Number 01-cr-00279-WYD ORDER OF DETENTION This matter was before the Court for a preliminary hearing and a detention hearing on supervised release violations on April 19, 2007. Jaime Pena represented the government and Virginia Grady represented the Defendant, who was present in custody. Defendant waived his right to a preliminary hearing. A detention hearing was not held because defendant does not contest the government' motion for detention at s this time. The Bail Reform Act (" Act" requires detention of a defendant who has been the ) found guilty of an offense if there is probable cause to believe that the defendant has violated conditions of supervised release or probation after conviction, unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person of the community if released under section 3142(b) or (c) of the Act. Under Rule 32.1 of the Federal Rules of Criminal Procedure, the court " may release or detain the [defendant] under 18 U.S.C. § 3143(a) pending further proceedings." The burden of establishing that the person will not flee or pose a danger to any other person or to the community rests with the defendant. See Rule 32.1(a)(6). Defendant was placed on supervision by the Honorable Wiley Y. Daniel sitting in the court at Denver, Colorado on the 18th day of April, 2002, who fixed the period of supervision at three (3) years commencing March 26, 2004. Defendant has been charged with violating the terms and conditions of his supervised release. Particularly, defendant is charged with 1) possession and use of a controlled substance on February 5, 2007, December 27, 2006 and October 1, 2006 and 2) failing to answer truthfully all inquiries by the probation officer, all in violation of defendant' terms of s supervised release. See Petition dated February 27, 2007 and Attachment thereto. The Bail Reform Act, at 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:

Case 1:01-cr-00279-WYD

Document 51

Filed 04/20/2007

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(1)

[t]he nature and circumstances of the offense charged, including whether the offense is a crime of violence or involves a narcotic drug; the weight of the evidence against the person; the history and characteristics of the person, including ­ (A) the person' character, physical and mental condition, family ties, s 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 proceedings; and (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

(2) (3)

(4)

the nature and seriousness of the danger to any person or the community that would be posed by the person' release. s

In making my findings of fact, I have considered defendant' position not to s contest detention, defendant' waiver of the preliminary hearing and also the s information in the petition for revocation of supervised release. Weighing the statutory factors set forth in the Bail Reform Act, I make the following findings of fact, conclusions of law, and order for detention. First, defendant is charged with violating the conditions of supervised release as described above. Second, I was not given any information, with regard to the petition for revocation of supervised release, about defendant' background or his characteristics s as of the date of the alleged violations or as of the time of hearing on April 19, 2007. As a result, after considering these factors, and particularly, defendant' s decision not to contest the government' detention motion and his waiver of the s preliminary hearing, I conclude, for purposes of this detention order only, that defendant has violated one or more of the conditions of supervised release. Defendant has not shown that he is not a flight risk or that there are conditions under which I could release him and be assured that he would appear for court proceedings. Further, the defendant has not shown that he will not pose a danger to any other person or to the community if he were released. For the reasons stated, it is hereby 2

Case 1:01-cr-00279-WYD

Document 51

Filed 04/20/2007

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ORDERED that defendant is a flight risk and a danger to the public and is to be detained pending further proceedings. It is further ORDERED that defendant shall be committed to the custody of the Attorney General or his designee for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences, or being held in custody pending appeal. It is further ORDERED that defendant shall be afforded reasonable opportunity for private consultation with counsel. It is further ORDERED that upon an order of a court of the United States, or upon request of an attorney for the Government, the person in charge of the corrections facility in which the defendant is confined shall deliver the defendant to a United States Marshal for the purpose of an appearance in connection with any Court proceeding in this matter. Dated April 20, 2007. By the Court: s/Gudrun J Rice Gudrun J. Rice, Magistrate Judge

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