Order of Detention Pending Trial — United States v. Smith (Dkt. 11, D. Neb.)

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An AO 472 order of detention pending trial by U.S. Magistrate Judge Michael D. Nelson in United States v. Lawrence A. Smith, Case No. 8:25cr183, in the U.S. District Court for the District of Nebraska, dated and filed August 21, 2025 as Doc # 11. The government moved for a detention hearing under 18 U.S.C. § 3142(f)(1) on the ground that the defendant is charged with a felony involving, among other listed things, a minor victim or the possession of a firearm. After the hearing the court finds by clear and convincing evidence that no conditions will reasonably assure community safety and by a preponderance of evidence that none will assure the defendant's appearance. The checked reasons are that the defendant is subject to a lengthy period of incarceration if convicted and has a prior criminal history.

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8:25-cr-00183-RFR-MDN                Doc # 11        Filed: 08/21/25        Page 1 of 2 - Page ID # 10
AO 472 (Rev. 1/25), modified by NED (4/25)



                                        UNITED STATES DISTRICT COURT
                                             FOR THE DISTRICT OF NEBRASKA


UNITED STATES OF AMERICA,
                   v.                                                                   Case No. 8:25cr183

LAWRENCE A. SMITH,                                                      ORDER OF DETENTION PENDING TRIAL
                              Defendant


                                                  Part I - Eligibility for Detention

       Upon the
             ☒ A. Motion of the Government for a detention hearing pursuant to 18 U.S.C. § 3142(f)(1) because the
                defendant is charged with:
                       ☒ (5) any felony that is not otherwise a crime of violence but involves (a) a minor victim;
                         (b) the possession of a firearm or destructive device (as defined in 18 U.S.C. § 921);
                         (c) any other dangerous weapon; or (d) a failure to register under 18 U.S.C. § 2250;
                          threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate a prospective
                          witness or juror if released.

       The Court found that the Government established one or more of the factors above, held a detention hearing, and
       found that detention is warranted. This order sets forth the Court’s findings of fact and conclusions of law, as
       required by 18 U.S.C. § 3142(i), in addition to any other findings made at the hearing.




                             Part II - Findings of Fact and Law as to Presumptions under § 3142(e)




                                   Part III - Analysis and Statement of the Reasons for Detention
     After considering any applicable presumption, the nature and circumstances of the defendant’s alleged conduct, the
defendant’s history and characteristics, the other factors set forth in 18 U.S.C. § 3142(g), the information presented at the
detention hearing, and the available conditions of release under 18 U.S.C. § 3142(c), the Court concludes that the
defendant must be detained pending trial because the Government has proven:
   ☒ By clear and convincing evidence that no condition or combination of conditions of release will reasonably assure
      the safety of any other person and the community.
   ☒ By a preponderance of evidence that no condition or combination of conditions of release will reasonably assure the
      defendant’s appearance as required.
 The reasons for detention include the following checked items (After this list, add any additional items or explanations
as needed to comply with the requirement for a written statement of reasons under 18 U.S.C. § 3142(i).):
       ☒ Subject to lengthy period of incarceration if convicted.
       ☒ Prior criminal history.
                                                                                                                         Page 1 of 2

            8:25-cr-00183-RFR-MDN            Doc # 11       Filed: 08/21/25       Page 2 of 2 - Page ID # 11


          On probation, parole, and/or release pending trial, sentence appeal, or completion of the sentence at the time of
        ☒
          the alleged offense.
        ☒ Participation in criminal activity while on probation, parole, or supervision.
        ☒ The defendant’s release poses serious danger to any person or the community.

OTHER REASONS OR FURTHER EXPLANATION:

                                        Part IV - Directions Regarding Detention
The defendant is remanded to the custody of the Attorney General or to the Attorney General’s designated representative
for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or
being held in custody pending appeal. The defendant must be afforded a reasonable opportunity for private consultation
with defense counsel. On order of a court of the United States or on request of an attorney for the Government, the person
in charge of the corrections facility must deliver the defendant to a United States Marshal for the purpose of an appearance
in connection with a court proceeding.

Date:               8/21/2025                                             s/ Michael D. Nelson
                                                                        United States Magistrate Judge




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