Detention Order — United States v. Ayinde Z. Johnson (S.D. Fla., Dkt. 2)

Summary

Document 2, entered October 14, 2020, in Case 1:20-mj-03810-JJO: a Detention Order in United States of America v. Ayinde Z. Johnson, in the U.S. District Court for the Southern District of Florida, by Chief United States Magistrate Judge John J. O'Sullivan. The order follows an October 14, 2020 hearing under 18 U.S.C. § 3142(f) and says the defendant is charged by indictment in the Southern District of Illinois with counts of distribution of heroin and methamphetamine and one count of possession with intent to distribute methamphetamine. It recites a July 9, 2020 search, approximately 436 grams of methamphetamine seized, and an arrest in Miami, Florida. The court finds that no condition or combination of conditions will reasonably assure appearance and orders the defendant detained prior to trial.

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“Detention Order — United States v. Ayinde Z. Johnson (S.D. Fla., Dkt. 2).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-20-mj-03810-dkt-2-s-d-fla-d078b80913/, SHA-256 0f570d6823aa00e0e9f010fa275712f2ab5b292e6c828a3ce3e8771e034c546d.

Full text

Case 1:20-mj-03810-JJO Document 2 Entered on FLSD Docket 10/14/2020 Page 1 of 3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-3810-O'SULLIVAN

UNITED STATES OF AMERICA,

Plaintiff,

AYINDE Z. JOHNSON,

Defendant.
____________________________/

DETENTION ORDER

Pursuant to 18 U.S.C. § 3142(f), on October 14, 2020, a hearing was held to

determine whether AYINDE Z. JOHNSON should be detained prior to trial. Having

considered the factors enumerated in 18 U.S.C. § 3142(g), the undersigned finds that no

condition or combination of conditions will reasonably assure the appearance of this

defendant as required. Therefore, it is hereby ordered that the defendant AYINDE Z.

JOHNSON be detained prior to trial and until the conclusion thereof.

In accordance with the provisions of 18 U.S.C. § 3142(i), the undersigned hereby

makes the following findings of fact and statement of reasons for the detention:

1. The defendant is charged by indictment in the Southern District of Illinois with

three counts of distribution of heroin, three counts of distribution of methamphetamine and

one count of possession with intent to distribute methamphetamine all in violation of Title

21, United States Code, Sections 841(a)(1) and (b)(1)(C). Therefore, the defendant is
Case 1:20-mj-03810-JJO Document 2 Entered on FLSD Docket 10/14/2020 Page 2 of 3

charged with a narcotics offense for which a maximum sentence of more than ten (10)

years is prescribed, resulting in a rebuttable presumption that no condition or combination

of conditions will reasonably assure the appearance of the defendant at all future court

proceedings. Title 18, United States Code, Section 3142(e) and (f).

2. The weight of the evidence against the defendant is substantial. The government

proffered that the defendant participated in three controlled buys of heroin and two

controlled buys of methamphetamine in the Southern District of Illinois. These controlled

buys were audio and video recorded. Law enforcement officers executed a search warrant

at the defendant's residence on July 9, 2020. The defendant admitted to having drugs in

the residence and showed law enforcement officers the drugs and a loaded firearm. The

defendant stated that the firearm belonged to his girlfriend. Law enforcement officers

seized approximately 436 grams of methamphetamine and the loaded firearm from the

defendant's residence.

The defendant was arrested approximately three months later in Miami, Florida.

The defendant admitted to fleeing to Miami because he knew he would be facing charges

related to the instant offense and referenced spending time with his children.

3. The pertinent history and characteristics of the defendant support pretrial

detention. The defendant was born on September 29, 1985, in Carbondale, Illinois. The

defendant has family ties to South Florida. Title 18, United States Code, Section

3142(g)(3)(A).

4. Based on the defendant's statements that he fled to Miami because he wanted

2
Case 1:20-mj-03810-JJO Document 2 Entered on FLSD Docket 10/14/2020 Page 3 of 3

to spend time with his children and the seriousness of this offense for which the defendant

is facing a minimum mandatory sentence of ten years' imprisonment, the undersigned

believes that the defendant would not appear if released on bond.

5. The Court specifically finds, that there are no conditions or combination of

conditions which reasonably will assure the defendant's appearance as required. Based

upon the above findings of fact, which were supported by a preponderance of the

evidence, the undersigned concludes that this defendant presents a risk of flight.

The Court hereby directs:

(a) That the defendant be committed to the custody of the Attorney General for

confinement in a corrections facility separate, to the extent practical, from persons awaiting

or serving sentences or being held in custody pending appeal;

(b) That the defendant be afforded reasonable opportunity for private consultation

with counsel; and

Government, the person in charge of the corrections facility in which the defendant is

confined deliver the defendant to a United States Marshal for the purpose of an

appearance in connection with a court proceeding.

DONE AND ORDERED at Miami, Florida, this 14th day of October, 2020.

____________________________________
JOHN J. O'SULLIVAN
CHIEF UNITED STATES MAGISTRATE JUDGE

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