Opinion
Case No. 8:07CR98.
June 21, 2007
ORDER
This case is before the court on the defendant's Motion to Review Detention and Request for Evidentiary Hearing (#37). The defendant requests that the court reopen the matter of his detention and order a conditional release to NOVA Therapeutic Community, Omaha, Nebraska.
After reviewing the April 11, 2007 Pretrial Services initial appearance report and the April 23, 2007 Detention Order (#20), I find the motion should be denied without hearing.
The proposed placement of the defendant at NOVA Therapeutic Community fails to address the court's concerns that the defendant poses a risk of danger to the community based upon his felony robbery conviction in 2000, which resulted in a one to three year prison term; a failure to appear charge on January 13, 2005; and charges of false information on April 3, 2005 and September 14, 2006. Additionally, the defendant's proposed release plan fails to rebut the presumption of detention under 18 U.S.C. § 3142(e).
IT IS ORDERED: The defendant's Motion to Review Detention and Request for Evidentiary Hearing (#37) is denied without hearing.