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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA, Case No: 15-30246

v.

MICHAEL LENIOR DUKES

 /

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 Defendant be detained pending trial.

Part I – Findings of Fact

A. Eligibility. This case is eligible for a Detention Hearing (18 U.S.C. § 3142(f)), 

for the reasons checked below in this Part I A:

☒(1) Under 18 U.S.C. § 3142(f)(1), upon the government’s motion in a case that 

involves

☐(a) a crime of violence, a violation of section 1591, or an offense listed in 

2332b(g)(5)(B) for which a maximum term of imprisonment of 10 years or 

more is prescribed; or

☐(b) an offense for which the maximum sentence is life imprisonment or death; 

or

☒(c) an offense for which a maximum term of imprisonment of ten years or 

more is prescribed in the Controlled Substances Act (21 U.S.C. §§ 801-

904), the Controlled Substances Import and Export Act (21 U.S.C. §§ 951-

971), or Chapter 705 of Title 46; or

☐(d) any felony if such person has been convicted of two or more offenses 

described in subparagraphs (a) through (c) of this paragraph, or two or 

more State or local offenses that would have been offenses described in 

subparagraphs (a) through (c) of this paragraph if a circumstance giving 

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rise to Federal jurisdiction had existed, or a combination of such offenses; 

or

☐(e) any felony that is not otherwise a crime of violence but involves:

☐(i) a minor victim, or

☐(ii) the possession or use of a firearm or destructive device (as defined 

in section 921), or

☐(iii) any other dangerous weapon, or

☐(iv) involves a failure to register under 18 U.S.C. § 2250. 

☒(2) Under 18 U.S.C. 3142(f)(2), upon the government’s motion or the court’s own

motion in a case that involves

☒(a) a serious risk that such person will flee; or

☐(b) a serious risk that such person will obstruct or attempt to obstruct justice, 

or threaten, injure, or intimidate, or attempt to threaten, injure, or 

intimidate, a prospective witness or juror.

B. Rebuttable Presumption. A rebuttable presumption for detention exists in 

this case if reasons are checked below in this Part I B.

(1) Defendant on Release Pending Trial (18 U.S.C. § 3142 (e)(2)): A rebuttable 

presumption that no condition or combination of conditions will reasonably assure 

the safety of another person or the community arises when

☒(a) Defendant is charged with an offense described in 18 U.S.C. § 3142(f)(1), 

and has previously been convicted of a crime listed in 18 U.S.C. § 

3142(f)(1), or comparable state or local offense; and

☐(b) The offense was committed while Defendant was on release pending trial 

for a federal, state, or local offense; and

☐(c) A period of less than five years has elapsed since

☐(i) the date of conviction, or

☐(ii) Defendant’s release from prison.

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(2) Probable Cause Findings (18 U.S.C. § 3142(e)(3)): A rebuttable presumption 

that no condition or combination of conditions will reasonably assure the 

appearance of the person as required and the safety of the community arises 

when there is probable cause to believe that Defendant has committed an 

offense

☒(a) for which a maximum prison term of ten years or more is prescribed in the 

Controlled Substances Act (21 U.S.C. §§ 801-904), the Controlled 

Substances Import and Export Act (21 U.S.C. §§ 951-971), or Chapter 

705 of Title 46; or

☐(b) under 18 U.S.C. § 924(c) (use of a deadly or dangerous weapon or device 

in relation to a crime of violence or drug trafficking crime), 18 U.S.C. § 

956(a) (conspiracy to kill, kidnap, maim, or injure persons or damage 

property in a foreign country), or 18 U.S.C. § 2332b (acts of terrorism 

transcending national boundaries); or

☐(c) listed in 18 U.S.C. § 2332b(g)(5)(B) (federal crimes of terrorism) for which 

the prison term is 10 or more years; or

☐(d) under Chapter 77 of Title 18, United States Code, for which a maximum 

term of imprisonment of 20 years or more is prescribed (i.e., 18 U.S.C. §§ 

1581, 1583, 1584, 1589, and 1594)(slavery); or

☐(e) involving a minor victim as listed in 18 U.S.C. § 3142(e)(3)(E).

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 that, for the reasons set forth below, there is no 

condition or combination of conditions which will reasonably assure the safety of the 

community; or

☐ by a preponderance of the evidence that, for the reasons set forth below, there is 

no condition or combination of conditions which will reasonably assure Defendant’s 

appearance; or

☒ both of the above.

Statement of reasons for detention pursuant to 42 U.S.C. § 3142(i):

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For the reasons stated on the record, including the nature of the crimes (conspiracy to 

distribute controlled substances); Duke’s significant criminal history, which includes drug 

trafficking and firearms charges and convictions; Duke’s history of absconding and 

failing to appear, including two pending warrants; Duke’s pending warrant for a 

probation violation; and, Duke’s use of marijuana and crack cocaine despite being on 

probation.

Part III – Directions Regarding Detention

Defendant is committed to the custody of the Attorney General or a designated 

representative for confinement in a corrections facility separate, to the extent 

practicable, from persons awaiting or serving sentences or held in custody pending 

appeal. Defendant must be afforded a reasonable opportunity to consult privately with 

defense counsel. On order of a United States Court or on request of an attorney for the 

Government, the person in charge of the corrections facility must deliver Defendant to 

the United States Marshal for a court appearance. 

Review of this Order is governed by 18 U.S.C. § 3145 and E.D. Mich. L.R. 57.2.

Date: May 28, 2015 s/Elizabeth A. Stafford

ELIZABETH A. STAFFORD

United States Magistrate Judge

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