Order — United States v. William D. Johnson, No. 21-05003-01-CR-SW-MDH (Dkt. 26, W.D. Mo.)
Summary
U.S. Magistrate Judge David P. Rush of the Western District of Missouri orders William D. Johnson detained without bail in Criminal Action No. 21-05003-01-CR-SW-MDH, in an order dated February 11, 2021, after a hearing on the United States' oral motion for pretrial detention. The indictment alleges a violation of the Controlled Substances Act with a maximum of ten years or more, which raises a rebuttable presumption that no conditions would assure appearance and community safety. The court cites criminal history including multiple pending charges, an active warrant for failure to appear, probation at the time of the offense, violent behavior history and history of weapons use. The court finds a risk of flight by a preponderance of the evidence and danger to the community by clear and convincing evidence.
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IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
SOUTHWESTERN DIVISION
UNITED STATES OF AMERICA, )
)
Plaintiff )
)
v. ) Criminal Action
) No. 21-05003-01-CR-SW-MDH
WILLIAM D. JOHNSON, )
)
Defendant. )
ORDER
After the United States orally moved for pretrial detention, a hearing was held in this
matter pursuant to ' 3142(f), Title 18, United States Code. The defendant was present personally
and with his counsel Michelle Law, Assistant Federal Public Defender. The United States was
represented by Jessica Sarff, Assistant United States Attorney.
An indictment has been returned alleging a violation of the Controlled Substances Act, for
which there is a maximum period of imprisonment of ten years or more. There is therefore a
rebuttable presumption that there are no conditions which would reasonably assure the defendant’s
appearance at all proceedings, as required, and the safety of other persons and/or the community.
Based on the evidence presented at the hearing, there are no conditions the Court can impose that
would reasonably assure the defendant’s appearance at all scheduled hearings and the safety of
other persons or the community.
The factors to be considered by the Court are enumerated in Title 18, United States Code,
Section 3142(g). Regarding the potential for failure to appear, the Court notes the offense
charged, defendant’s unknown substance abuse history, unknown family ties, unknown mental
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health history, and unknown community ties through employment or property ownership. The
Court also notes defendant’s criminal history which includes, but is not limited to, the following:
multiple pending charges; active warrant for failure to appear; probation non-compliance; and, on
probation at time of the instant offense.
Regarding the potential danger to the community, the Court notes the nature of the
instant offense and defendant’s criminal history which includes, but is not limited to, the
following: prior felony and misdemeanor arrests and convictions; probation non-compliance;
violent behavior history; criminal activity while under supervision; history of weapons use;
multiple pending charges with an active warrant for failure to appear; on probation at time of the
instant offense; and, pattern of similar criminal activity history. In addition, the Court notes
defendant’s unknown substance abuse history and unknown mental health history.
Based on all the foregoing, the Courts finds by a preponderance of the evidence that the
defendant is a risk of flight and finds by clear and convincing evidence that the defendant is a
danger to the community.
IT IS THEREFORE ORDERED that the defendant be and is hereby detained without
bail.
IT IS FURTHER ORDERED that the defendant be committed to the custody of the
Attorney General or his designated representative for confinement in a correction facility separate,
to the extent practicable, from persons awaiting or serving sentences or being held in custody
pending appeal. The defendant shall 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 shall deliver the
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defendant to the United States marshal for the purpose of an appearance in connection with a court
proceeding.
IT IS SO ORDRED.
DATED: February 11, 2021
/s/ David P. Rush
DAVID P. RUSH
United States Magistrate Judge
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