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United States v. Stone

April 2, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JOSHUA MATTHEW STONE, DEFENDANT.



The opinion of the court was delivered by: Donald A. Scheer United States Magistrate Judge

ORDER OF DETENTION PENDING TRIAL

In accordance with the Bail Reform Act, 18 U.S.C. §3142(f), a detention hearing has been held. I conclude that the following facts require the detention of the defendant pending trial in this case.

T (1) I find that:

T there is probable cause to believe that the defendant has committed an offense " for which a maximum term of imprisonment of ten years or more is prescribed in 21 U.S.C. § 841 or 846;

T under 18 U.S.C. § 924(c), §2332 b(g)(5)(B)

T (2) I further find that the defendant has not rebutted the presumption established by finding that no condition or combination of conditions will reasonably assure the appearance of the defendant as required and the safety of the community.

Part I -- Findings of Fact

Alternative Findings

T I find that the government has established by a preponderance of the evidence that there is a serious risk that the defendant will not appear.

T I find that the government has established by clear and convincing evidence that there is a serious risk that the defendant will endanger the safety of another person or the community.

Part II -- Written Statement of Reasons for Detention

T I find that the credible testimony and information submitted at the hearing established the following factors under 18 U.S.C. § 3142(g): Defendant is charged by Indictment with:

U.S.C. § 2332a(a)(2) (Attempt to Use Weapons of Mass Destruction); 18 U.S.C. § 941(c)(1) (Carrying, Using, and Possessing a Firearm During ...


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