Opinion
2:24-mj-G078-DLTY-l
02-12-2024
United States v. TERUPE TEHAHE
Present: The Honorable Stephanie S. Christensen, United States Magistrate Judge
CRIMINAL MINUTES - GENERAL
Proceedings: ORDER OF DETENTION [18 U.S.C. § 3142(1)]
The Court conducted a detention hearing on:
[X] The motion of the Government [18 U.S.C. § 3142(f)(1)] in a case allegedly involving: a narcotics or controlled substance offense with maximum sentence of ten or more years.
[] The motion of the Government or on the Court's own motion [18 U.S.C. § 3142(f)(2)] in a case allegedly involving:
[X] The Court concludes that the Government is entitled to a rebuttable presumption that no condition or combination of conditions will reasonably assure the defendant's appearance as required and the safety cr any person or the community [18 U.S.C. § 3142(e) (2-3)].
[] The Court finds that the defendant [] has [X] has not rebuded the presumption under 18 U.S.C. § 3142(e)(2-3) by sufficient evidence to the contrary.
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The Court rinds that no condition or combination of conditions will reasonably assure:
[X] the appearance of the defendant as required (as proven by a preponderance of the evidence).
[X] the safety of any person or the community (as proven by clear and convincing evidence).
The Court oases its findings (in addition to any made on the record at the hearing) on the following [18 U.S.C. § 3142(g)]:
[] Nature and circumstances of offense charged
[] Weight of known evidence against defendant
[] Lack of nail resources or financially responsible sureties
[] No stable residence, employment, or community ties
[] Ties to foreign countries
[] Substance abuse
[] Nature of previous criminal convictions
[] Previous failure to appear or violations of prooation. parole, or release
[] Already in custody on state or federal offense
[] Refusal to interview with Pretrial Services or verity information
[] Unreoutted presumption [18 U.S.C. § 3142(e)(2-3)]
[] Other:
[X] Defendant did not oppose the detention request.
In reaching this decision, the Court considered: (a) the nature and circumstances of the offense(s) charged, including whether the offense is a crime of violence, a federal crime of terrorism, or involves a minor victim or a controlled substance, firearm, explosive, or destructive device; (b) the weight of evidence against tne defendant; (c) the history and cnaracteristics of the defendant; ana (d) the nature ana seriousness of the danger to any person or the community. [18 U.S.C. § 3142(g)] The Court also considered the evidence presented at the hearing, the arguments of counsel, and the report and recommendation of the U.S. Pretriai Services Agency.
IT IS THEREFORE ORDERED that the defendant be detained until trial. The defendant will be committed to the custody of the Attorney Genera! 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 will be afforded reasonable opportunity for private consultation with counsel. On order of a Court of the United States or on request of any attorney for the Government, the person in charge of the corrections facility in which defendant is confined will deliver the defendant to a United States Marshal for the purpose of an appearance in connection with a court proceeding. [18 U.S.C. § 3142(i)]