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Detention Order — No. 4:21-cr-03157 (Dkt. 24, D. Neb.)

Summary

A detention order of the U.S. District Court for the District of Nebraska in United States v. Julio Ceaser Cross, Case No. 4:21CR3157, docketed as 4:21-cr-03157, as Doc 24 of 2 pages, dated December 21, 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, which he has not rebutted, and finds by a preponderance of the evidence a risk of nonappearance and obstruction of justice and by clear and convincing evidence a risk of harm to the public, citing his history of violating the law and court orders, prior violations of release conditions, threats of harm and addiction.

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“Detention Order — No. 4:21-cr-03157 (Dkt. 24, D. Neb.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/detention-order-no-4-21-cr-03157-dkt-24-d-neb-5da53c41f2/, SHA-256 8e990768c184cd9da10f3958a3be670bd46931a8e53e833df95f16f1870ba10b.

Full text

   4:21-cr-03157-JMG-CRZ Doc # 24 Filed: 12/21/21 Page 1 of 2 - Page ID # 48




                    IN THE UNITED STATES DISTRICT COURT
                        FOR THE DISTRICT OF NEBRASKA


UNITED STATES OF AMERICA,
              Plaintiff,
                                                  CASE NO: 4:21CR3157
      vs.

JULIO CEASER CROSS,                                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 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 obstruction of justice, 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
   4:21-cr-03157-JMG-CRZ Doc # 24 Filed: 12/21/21 Page 2 of 2 - Page ID # 49




failed to appear for court proceedings in the past; 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, 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 December 21, 2021.

                                            BY THE COURT:

                                            s/ Cheryl R. Zwart
                                            United States Magistrate Judge

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