Detention Order — No. 4:22-cr-03156 (Dkt. 16, D. Neb.)

Summary

A detention order of the U.S. District Court for the District of Nebraska in United States v. Michael McNeil, Case No. 4:22CR3156, docketed as 4:22-cr-03156, as Doc 16 of 2 pages, dated December 17, 2022 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 pending trial, finding by a preponderance of the evidence a risk of nonappearance and by clear and convincing evidence a risk of harm to the public. The findings list a criminal history of violating the law and court orders, prior violations of release conditions, a history of harming or threatening others, abuse of mood-altering chemicals, no stable residence, past failures to appear, an active warrant and commission of the alleged crime while on supervision.

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Full text

   4:22-cr-03156-JMG-CRZ Doc # 16 Filed: 12/17/22 Page 1 of 2 - Page ID # 29




                  IN THE UNITED STATES DISTRICT COURT
                      FOR THE DISTRICT OF NEBRASKA


UNITED STATES OF AMERICA,
              Plaintiff,
                                                   CASE NO: 4:22CR3156
      vs.

MICHAEL MCNEIL,                                    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 pending trial.

      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 contacts with the community;
lacks a stable residence; has limited employment contacts; has failed to appear
for court proceedings in the past; is currently the subject of an active warrant;
committed the alleged crime while on supervision; 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
   4:22-cr-03156-JMG-CRZ Doc # 16 Filed: 12/17/22 Page 2 of 2 - Page ID # 30




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 17, 2022.

                                             BY THE COURT:

                                             s/ Cheryl R. Zwart
                                             United States Magistrate Judge


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