Opinion
Cr. Case No. 08-30438.
October 24, 2008
ORDER
This matter is currently before the Court on the Government's motion for review of Magistrate Judge Steven Pepe's Order Setting Conditions of Release for Defendant. As stated on the record on October 24, 2008, this Court does not believe that the Government has met its burden of establishing by clear and convincing evidence that there is no condition, or combination of conditions, that will assure the safety of the community. Nevertheless, the Court concludes, after considering the applicable factors under 18 U.S.C. § 3142(g), such as Defendant's criminal history, that a firearm is involved, and that Defendant was on probation at the time of arrest, that the conditions of release shall also include the posting of a $10,000.000 secured bond.