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Detention Order — No. 4:21-cr-03145 (Dkt. 13, D. Neb.)

Summary

A detention order of the U.S. District Court for the District of Nebraska in United States v. Joseph Thompson, Case No. 4:21CR3145, docketed as 4:21-cr-03145, as Doc 13 of 2 pages, dated November 20, 2021 and signed by Cheryl R. Zwart, United States Magistrate Judge. After a hearing on the government's motion under the Bail Reform Act, 18 U.S.C. § 3142(f), the court concludes the defendant must be detained. It finds a rebuttable presumption against release because there is probable cause that he committed a firearms crime and a drug crime under the Controlled Substances Act, which he has not rebutted, and finds by a preponderance of the evidence a risk of nonappearance and by clear and convincing evidence a risk of harm to the public, citing his history of violating the law, court orders and release conditions.

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Cite this document

“Detention Order — No. 4:21-cr-03145 (Dkt. 13, D. Neb.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/detention-order-no-4-21-cr-03145-dkt-13-d-neb-7e9e560545/, SHA-256 73e9f79ce0b3bb0799de3a8df4e6fe69e7ed073338210bb0323358e140cb855f.

Full text

   4:21-cr-03145-JMG-CRZ Doc # 13 Filed: 11/20/21 Page 1 of 2 - Page ID # 23




                      IN THE UNITED STATES DISTRICT COURT
                          FOR THE DISTRICT OF NEBRASKA


UNITED STATES OF AMERICA,
               Plaintiff,
                                                         CASE NO: 4:21CR3145
      vs.

JOSEPH THOMPSON,                                          DETENTION ORDER
              Defendant.



       On the government's motion, the court afforded the defendant an opportunity for
a detention hearing under the Bail Reform Act, 18 U.S.C. § 3142(f).             The court
concludes the defendant must be detained.

       There is a rebuttable presumption that no condition or combination of conditions
of release will reasonably assure the defendant’s appearance at court proceedings and
the safety of the community because there is probable cause to believe the defendant
committed a firearms crime and a drug crime under the Controlled Substances Act (21
U.S.C. § 801 et seq.), for which the defendant could be required to serve ten or more
years in prison. The defendant has not rebutted this presumption.

       Based on the information of record, the court finds by a preponderance of the
evidence that the defendant's release would pose a risk of nonappearance at court
proceedings, and by clear and convincing evidence that the defendant's release would
pose a risk of harm to the public.

       Specifically, the court finds that the defendant has a criminal history of violating
the law and court orders; violated conditions of release previously imposed by a court;
has a history of harming or threatening harm to others; is addicted to or abuses mood-
altering chemicals and is likely to continue such conduct and violate the law if released;
has limited employment contacts; has failed to appear for court proceedings in the past;
is currently in state custody; presented no evidence opposing the presumption of
detention; and conditions which restrict Defendant’s travel, personal contacts, and
possession of drugs, alcohol, and/or firearms; require reporting, education, employment,
   4:21-cr-03145-JMG-CRZ Doc # 13 Filed: 11/20/21 Page 2 of 2 - Page ID # 24




or treatment; or monitor Defendant’s movements or conduct; or any combination of
these conditions or others currently proposed or available (see 18 U.S.C. § 3142(c)),
will not sufficiently ameliorate the risks posed if the defendant is released.

                              Directions Regarding Detention

       The defendant is committed to the custody of the Attorney General or a
designated representative for confinement in a corrections facility separate, to the
extent practicable, from persons awaiting or serving sentences or held in custody
pending appeal. The defendant must be afforded a reasonable opportunity to consult
privately with defense counsel. On order of the United States Court or on request of an
attorney for the Government, the person in charge of the corrections facility must deliver
the defendant to the United States marshal for a court appearance.

       Dated November 20, 2021.

                                                  BY THE COURT:

                                                  s/ Cheryl R. Zwart
                                                  United States Magistrate Judge

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