Opinion
Case No. CR07-5020RBL.
January 24, 2007
ORDER DENYING DEFENDANT'S MOTION FOR REVIEW — DOCKET #11
This matter comes before the Court on defendant's Motion and Memorandum of Law in Support of Defendant's Motion for Review of Magistrate Court Detention Order. At the outset the court calls to counsel's attention that there is no "Magistrate Court." TheUnited States District Court is served by District Judges as well as Magistrate Judges.
Defendant's motion is filed pursuant to 18 U.S.C. 3145(b) and thus is properly before the undersigned. The court has considered all materials submitted in support of and in response to said motion, as well as the files and records herein.
At the time the Detention Order of January 17, 2007 was entered, the court had in mind the provisions of the Bail Reform Act governing issues of detention and release. The court recognized that due to the potential sanction of a period of imprisonment in excess of ten years in relation to a drug offense a presumption for detention existed. The court was also mindful of the defendant's right to have the court consider all less restrictive alternatives. The foregoing were considered with respect to flight risk and community safety.