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United States v. Thomas

United States District Court, D. Arizona

July 8, 2014

United States of America, Plaintiff,
v.
Joey Michael Thomas, Defendant.

ORDER OF DETENTION

LAWRENCE O. ANDERSON, District Judge.

In accordance with Title 18 U.S.C. § 3142 of the Bail Reform Act, a detention hearing was held in the above-captioned matter. The Court finds that the Government has established: (Check one or both, as applicable)

[X] by clear and convincing evidence, Defendant is a danger to the community and shall be detained pending trial.

by a preponderance of the evidence, Defendant is a serious flight risk and shall be detained pending trial.

PART I - FINDINGS OF FACT

[X] (1) There is probable cause to believe that Defendant has committed the following:

[] an offense for which a maximum term of imprisonment of ten years or more is prescribed in 21 U.S.C. §§ 801 et seq., 951 et seq., or 46 U.S.C. App. § 1901 et seq.

[X] an offense under 18 U.S.C. § 924(c)(1)(A)(i-iii), (j) and 2 (Use of a Firearm in a Crime of Violence Resulting in Murder and Aid and Abet).

[] an offense listed in 18 U.S.C. § 2332b(g)(5)(B) (crimes of terrorism) for which a maximum term of imprisonment of ten years or more is prescribed.

[] an offense involving a minor victim prescribed in ____________________.

[XZ (2) Defendant has not rebutted the presumption established by finding (1) that no con-dition or combination of conditions will reasonably assure the safety of the community if Defendant were released on conditions.

Alternative Findings

[] (1) There is a serious risk that Defendant will flee and no condition or combination of conditions will reasonably assure Defendant's appearance as required at future court proceedings.

[] (2) No condition or combination of conditions will reasonably assure the safety of the community or others if ...


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