Opinion
Case No. 05-CR-50047-FL.
November 8, 2005
ORDER DENYING DEFENDANT'S MOTION FOR MODIFICATION OF BOND CONDITIONS
This matter came before the Court for hearing on the Defendant's Motion For Modification Of Bond Conditions, filed on October 25, 2005, [D/E # 11].
The Defendant is seeking to be released only for the purpose of being placed on a work release program so that he may be able to retain his employment with Delphi Corporation during the pendency of this matter. The Defendant is currently being housed at the Genesee County Jail.
Having considered the motion, the Court is not inclined to agree to a work release for this Defendant. As noted in the Defendant's motion, the federal court does not have a work release program in place for defendant's being detained pending trial. More importantly however, the Defendant has a criminal history that dates back to 1995, with convictions for possession of marijuana, as well as a conviction for possession with intent to deliver marijuana. The instant offense appears to have been committed while the Defendant was under the supervision of the Michigan Department of Corrections. He also has admitted to using both marijuana and cocaine.
The Defendant's previous criminal history, coupled with his failure to comply with previously imposed court orders indicates that he would not be a suitable candidate for release on bond in this matter.
Accordingly, the Order of Detention entered on September 23, 2005, shall remain in effect. The Defendant's motion for modification of bond conditions is hereby DENIED.
IT IS SO ORDERED.
The parties are hereby informed that any objections to this order must be filed with the district court within ten days after service, pursuant to Rule 72(a), Federal Rules of Civil Procedure.