Opinion
Case No. 1:12-cr-59
03-02-2012
United States of America v. KELLY JAMES SIKKEMA Defendant
ORDER OF DETENTION PENDING TRIAL
After conducting a detention hearing under the Bail Reform Act, 18 U.S.C. § 3142(f), I conclude that these facts require that the defendant be detained pending trial.
Part I - Findings of Fact
___ (1) The defendant is charged with an offense described in 18 U.S.C. § 3142(f)(1) and has previously been convicted of ___ a federal offense ___ a state or local offense that would have been a federal offense if federal jurisdiction had existed - that is
___ a crime of violence as defined in 18 U.S.C. § 3156(a)(4), or an offense listed in 18 U.S.C. § 2332b(g)(5)(B) for which the prison term is 10 years or more.
___ an offense for which the maximum sentence is death or life imprisonment.
___ an offense for which a maximum prison term of ten years or more is prescribed in: _________
___ a felony committed after the defendant had been convicted of two or more prior federal offenses described in 18 U.S.C. § 3142(f)(1)(A)-(C), or comparable state or local offenses.
___ any felony that is not a crime of violence but involves:
___ a minor victim
___ the possession or use of a firearm or destructive device or any other dangerous weapon
___ a failure to register under18 U.S.C. § 2250
___ (2) The offense described in finding (1) was committed while the defendant was on release pending trial for a federal, state or local offense.
___ (3) A period of less than 5 years has elapsed since the ___ date of conviction ___ defendant's release from prison for the offense described in finding (1).
___ (4) Findings (1), (2) and (3) establish a rebuttable presumption that no condition will reasonably assure the safety of another person or the community. I further find that defendant has not rebutted that presumption.
Alternative Findings (A)
___ (1) There is probable cause to believe that the defendant has committed an offense
___ for which a maximum prison term often years or more is prescribed in: Controlled Substances Act (21 U.S.C. 801 et seq.)
___ under18 U.S.C. § 924(c).
Insert as applicable: (a) Controlled Substances Act (21 U.S.C. §801 et seq.); (b) Controlled Substances Import and Export Act (21 U.S.C.§951 et seq.); or (c) Section 1 of Act of Sept. 15, 1980 (21 U.S.C. § 955a).
___ (2) The defendant has not rebutted the presumption established by finding (1) that no condition or combination of conditions will reasonably assure the defendant's appearance and the safety of the community.
Alternative Findings (B)
√ (1) There is a serious risk that the defendant will not appear.
√ (2) There is a serious risk that the defendant will endanger the safety of another person or the community.
Part II - Statement of the Reasons for Detention
I find that the testimony and information submitted at the detention hearing establishes by √ clear and convincing evidence ___ a preponderance of the evidence that:
Defendant is charged with armed bank robbery. He is a 20-year-old unemployed man with an extraordinarily troubled history of mental illness, suicide attempts, alcohol abuse, and drug abuse, including methamphetamine. He has been in constant trouble with the law for the past four years as a juvenile or an adult and has violated probation. He was on bond at the time of the instant offense. Defendant's utter lack of self-control poses a danger to the community that cannot be managed by means short of detention.
Part III - Directions Regarding Detention
The defendant is committed to the custody of the Attorney General or a designated representative for confinement in a correctionstfacilitytseparate,ttotthetextenttpracticable,tfromtpersonstawaitingt or serving sentences or held in custody pending appeal. The defendant must be afforded a reasonable opportunity to consult privately with defense counsel. On order of United States Court or on request to tan attorney fort he Government, the person in charge of the corrections facility must deliver the defendant to the United States marshal for at court appearance.
Judge's Signature: Joseph G. Scoville
Name and Title: Joseph G. Scoville, U.S. Magistrate Judge