Order of Detention Pending Trial — Tyrun Dundre Williams — No. 1:21-cr-00120-RJJ, Western District of Michigan (ECF No. 18)
Summary
An Order of Detention Pending Trial, Dkt. 18 in No. 1:21-cr-00120, in United States of America v. Tyrun Dundre Williams, Case No. 1:21-cr-00120-RJJ, in the U.S. District Court for the Western District of Michigan. After a detention hearing under the Bail Reform Act, 18 U.S.C. § 3142(f), U.S. Magistrate Judge Sally J. Berens concludes that the defendant must be detained pending trial. It finds a serious risk that the defendant will not appear and that he is a danger to the community, citing among other things the nature of the instant offense and further criminal conduct while on bond, including possession of firearms. The order commits the defendant to the custody of the Attorney General and is signed /s/ by Judge Berens on August 5, 2021.
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“Order of Detention Pending Trial — Tyrun Dundre Williams — No. 1:21-cr-00120-RJJ, Western District of Michigan (ECF No. 18).”
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AO 472 (Rev 09108) DeteASE 1°22 Et-VO1L20-RIJI ECF No. 18, PagelD.34 Filed 08/05/21 Page 1 of 1 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN United States of America ORDER OF DETENTION PENDING TRIAL V. Tyrun Dundre Williams Case No. 1:21-cr-00120-RJJ Defendant After conducting a detention hearing under the Bail Reform Act, 18 U.S.C. § 3142(f), | conclude that these facts require that the defendant be detained pending trial. Part | — Findings of Fact (1) The defendant is charged with an offense described in 18 U.S.C. § 3142(f)(1) and has previously been convicted of a federal offense a state or local offense that would have been a federal offense if federal jurisdiction had existed — that is a crime of violence as defined in 18 U.S.C. § 3156(a)(4), or an offense listed in 18 U.S.C. § 2332b(g)(5)(B) for which the prison term is 10 years or more. an offense for which the maximum sentence is death or life imprisonment. an offense for which a maximum prison term of ten years or more is prescribed in: * a felony committed after the defendant had been convicted of two or more prior federal offenses described in 18 U.S.C. § 3142(f)(1)(A)-(C), or comparable state or local offenses. any felony that is not a crime of violence but involves: a minor victim the possession or use of a firearm or destructive device or any other dangerous weapon a failure to register under 18 U.S.C. § 2250 (2) The offense described in finding (1) was committed while the defendant was on release pending trial for a federal, state or local offense. (3) A period of less than 5 years has elapsed since the date of conviction defendant's release from prison for the offense described in finding (1). (4) Findings (1), (2) and (3) establish a rebuttable presumption that no condition will reasonably assure the safety of another person or the community. | further find that defendant has not rebutted that presumption. Alternative Findings (A) v__(1) There is probable cause to believe that the defendant has committed an offense ¥_ for which a maximum prison term of ten years or more is prescribed in: Controlled Substances Act (21 U.S.C. 801 et seq.) . v__under 18 U.S.C. § 924(c). v (2) The defendant has not rebutted the presumption established by finding (1) that no condition or combination of conditions will reasonably assure the defendant’s appearance and the safety of the community. Alternative Findings (B) v (1) There is a serious risk that the defendant will not appear. ¥__(2) There is a serious risk that the defendant will endanger the safety of another person or the community. Part Il —- Statement of the Reasons for Detention | find that the testimony and information submitted at the detention hearing establishes by _v clear and convincing evidence __ a preponderance of the evidence that: For the reasons stated on the record, there is a serious risk defendant will not appear and is a danger to the community based on his: 1. Nature of instant offense 2. Substance abuse history 3. Further criminal conduct while on bond, including possession of firearms Part Ill — 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 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. Date: August 5, 2021 Judge’s Signature: _/s/ Sally J. Berens Name and Title: Sally J. Berens, U.S. Magistrate Judge *Insert as applicable: (a) Controlled Substances Act (21 U.S.C. § 801 et seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951 et seq.); or (c) Section 1 of Act of Sept. 15, 1980 (21 U.S.C. § 955a).
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