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Order of Detention Pending Trial — No. 8:21-cr-00253 (Dkt. 72, D. Neb.)

Summary

An AO 472 Order of Detention Pending Trial in United States v. Bion A. Flint, Case No. 8:21CR253, in the U.S. District Court for the District of Nebraska, filed January 13, 2022 as Doc # 72 (2 pages) and signed by Magistrate Judge Michael D. Nelson. On the government's or the court's motion under 18 U.S.C. § 3142(f)(2), the Court finds by a preponderance of the evidence that no conditions of release will assure the defendant's appearance. It notes that he is pending sentencing in a Southern District of California case, 3:21cr377, that a warrant on a petition for violation of pretrial release has been executed (8:22mj11), and that a State of California warrant is unexecuted.

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“Order of Detention Pending Trial — No. 8:21-cr-00253 (Dkt. 72, D. Neb.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-of-detention-pending-trial-no-8-21-cr-00253-dkt-72-d-neb-54c0b289ca/, SHA-256 f1cfddc57e4bc8822cc0316d0955327a224411c0bb60432c205bec4101933cca.

Full text

              8:21-cr-00253-RFR-SMB Doc # 72 Filed: 01/13/22 Page 1 of 2 - Page ID # 171
AO 472 (Rev. 11/16), modified by NED (9/17)



                                        UNITED STATES DISTRICT COURT
                                              FOR THE DISTRICT OF NEBRASKA


UNITED STATES OF AMERICA,
                   v.                                                                  Case No. 8:21CR253

BION A. FLINT,                                                         ORDER OF DETENTION PENDING TRIAL
                              Defendant


                                                  Part I - Eligibility for Detention

       Upon the
             ☒ Motion of the Government or Court’s own motion pursuant to 18 U.S.C. § 3142(f)(2),
the Court held a detention hearing and found that detention is warranted.

      This order sets forth the Court’s findings of fact and conclusions of law, as required by 18 U.S.C. § 3142(i), in
addition to any other findings made at the hearing.
                             Part II - Findings of Fact and Law as to Presumptions under § 3142(e)




                                   Part III - Analysis and Statement of the Reasons for Detention
     After considering the factors set forth in 18 U.S.C. § 3142(g) and the information presented at the detention hearing,
the Court concludes that the defendant must be detained pending trial because the Government has proven:
   ☒ By a preponderance of evidence that no condition or combination of conditions of release will reasonably assure the
      defendant’s appearance as required.
In addition to any findings made on the record at the hearing, the reasons for detention include the following:
       ☒ Subject to lengthy period of incarceration if convicted
       ☒ Prior criminal history
       ☒ History of alcohol or substance abuse
       ☒ Prior failure to appear in court as ordered
       ☒ The nature and circumstances of the offense charged.

OTHER REASONS OR FURTHER EXPLANATION:
Defendant is pending sentencing in U.S. v. Bion Flint, 3:21cr377 (Southern District of California) and a warrant on
petition for violation of condition of pretrial release has been executed, see 8:22mj11; unexecuted State of California
warrant.

                                              Part IV - Directions Regarding Detention
The defendant is remanded to the custody of the Attorney General or to the Attorney General’s designated representative
for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or
being held in custody pending appeal. The defendant must be afforded a reasonable opportunity for private consultation
with defense counsel. On order of a court of the United States or on request of an attorney for the Government, the person
in charge of the corrections facility must deliver the defendant to a United States Marshal for the purpose of an appearance
in connection with a court proceeding.

                                                                                                                     Page 1 of 2
        8:21-cr-00253-RFR-SMB Doc # 72 Filed: 01/13/22 Page 2 of 2 - Page ID # 172


Date:        1/13/2022                                s/ Michael D. Nelson
                                                    United States Magistrate Judge




                                                                                     Page 2 of 2

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