Order of Detention Pending Trial — No. 8:22-cr-00200 (Dkt. 13, D. Neb.)

Summary

An AO 472 Order of Detention Pending Trial in United States v. Mark A. Smith, Case No. 8:22cr200, in the U.S. District Court for the District of Nebraska, filed October 6, 2022 as Doc # 13 (2 pages) and signed by Magistrate Judge F.A. Gossett. On the government's motion under 18 U.S.C. § 3142(f)(1), the Court marks a rebuttable presumption under § 3142(e)(2), finds that the defendant has not introduced sufficient evidence to rebut it, and orders detention on that basis. It also finds by clear and convincing evidence that no conditions will assure safety, citing among other reasons a lengthy period of incarceration if convicted, prior criminal history and a history of violence or use of weapons.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

              8:22-cr-00200-BCB-MDN Doc # 13 Filed: 10/06/22 Page 1 of 2 - Page ID # 24
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. 8:22cr200

MARK A. SMITH,                                                         ORDER OF DETENTION PENDING TRIAL
                              Defendant


                                                  Part I - Eligibility for Detention

       Upon the
             ☒ Motion of the Government attorney pursuant to 18 U.S.C. § 3142(f)(1),
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)
   ☒ A. Rebuttable Presumption Arises Under 18 U.S.C. § 3142(e)(2) (previous violator): There is a rebuttable
     presumption that no condition or combination of conditions will reasonably assure the safety of any other person
     and the community because the following conditions have been met:
              ☒ (b) an offense for which the maximum sentence is life imprisonment or death; and
              ☒ (e) any felony that is not otherwise a crime of violence but involves:
                (i) a minor victim; (ii) the possession of a firearm or destructive device (as defined in 18 U.S.C. § 921);
                (iii) any other dangerous weapon; or (iv) a failure to register under 18 U.S.C. § 2250; and

   ☒ C. Conclusions Regarding Applicability of Any Presumption Established Above

            ☒ The defendant has not introduced sufficient evidence to rebut the presumption above, and detention is
              ordered on that basis. (Part III need not be completed.)

                                   Part III - Analysis and Statement of the Reasons for Detention
   ☒ By clear and convincing evidence that no condition or combination of conditions of release will reasonably assure
     the safety of any other person and the community.
      ☒ Subject to lengthy period of incarceration if convicted
      ☒ Prior criminal history
      ☒ History of violence or use of weapons
      ☒ History of alcohol or substance abuse
      ☒ Lack of stable employment
      ☒ Prior violations of probation, parole, or supervised release
      ☒ The nature and circumstances of the offense charged.

                                              Part IV - Directions Regarding Detention



                                                                                                                    Page 1 of 2
           8:22-cr-00200-BCB-MDN Doc # 13 Filed: 10/06/22 Page 2 of 2 - Page ID # 25


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.

Date:              10/6/2022                                                  s/ F.A. Gossett
                                                                        United States Magistrate Judge




                                                                                                                   Page 2 of 2


File and source

File

13.pdf

Size

90,289 bytes

SHA-256

e3896f5f11c3c681878976b41f5a3b3a9386d6baac219449328c8938ce176f46

Our copy

13.pdf

Original

No public link identified.