Motion for Pretrial Detention – Page 1 

 IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

LUBBOCK DIVISION 

UNITED STATES OF AMERICA

v.

J. NICHOLAS BRYANT

No. 5:22-CR-00099-H-BQ 

MOTION FOR PRETRIAL DETENTION 

 The United States asks for the pretrial detention of Defendant under Title 18, 

United States Code, Sections 3142(e) and 3142(f). 

1. Eligibility of Case. This case is eligible for a detention order under 

18 U.S.C. § 3142(f) because it is a case that involves: 

 A crime of violence as defined in 18 U.S.C. § 3156(a)(4), violation 

of section 1591, or federal crime of terrorism for which the 

maximum sentence is 10 years or more. (18 U.S.C. § 3142(f)(1)(A)). 

 An offense for which the maximum sentence is life imprisonment or 

death. (18 U.S.C. § 3142(f)(1)(B)). 

 A Controlled Substances Act offense for which the maximum 

sentence is 10 years or more. (18 U.S.C. § 3142(f)(1)(C)). 

 A felony that was committed after the defendant had been convicted 

of two or more prior federal offenses described in 18 U.S.C. 

§ 3142(f)(1)(A)-(C), or comparable state or local offenses. (18 

U.S.C. § 3142(f)(1)(D)). 

 A felony that involves a minor victim or failure to register as a sex 

offender. (18 U.S.C § 3142(f)(1)(E)). 

 A felony that involves the possession or use of a firearm, destructive 

device, or any other dangerous weapon. (18 U.S.C § 3142(f)(1)(E)). 

 x A serious risk defendant will flee. (18 U.S.C. § 3142(f)(2)(A)). 

 x A serious risk defendant will obstruct or attempt to obstruct justice, 

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

intimidate a prospective witness or juror. (18 U.S.C. § 3142 

(f)(2)(B)). 

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Motion for Pretrial Detention – Page 2 

 2. Reason for Detention. The Court should detain defendant, under 18 U.S.C. 

§ 3142(e), because no condition or combination of conditions will 

reasonably assure: 

 x Defendant’s appearance as required. 

 x Safety of any other person and the community. 

 3. Rebuttable Presumption. The United States will invoke the rebuttable 

presumption against defendant under 18 U.S.C. § 3142(e). The 

presumption applies because there is: 

 A Controlled Substances Act offense for which the maximum 

sentence is 10 years or more. (18 U.S.C. § 3142(e)(3)(A)). 

 An offense under Title 18, United States Code, Sections 924(c), 

956(a), or 2332b. (18 U.S.C. § 3142(e)(3)(B)). 

 A federal crime of terrorism for which the maximum sentence is 10 

years or more. (18 U.S.C. § 3142(e)(3)(C)). 

 _____ An offense in Chapter 77 of Title 18 (human trafficking) for which 

the maximum sentence is 20 years or more. (18 U.S.C. 

§ 3142(e)(3)(D)) 

 Previous conviction for “eligible” offense committed while on 

pretrial bond. (18 U.S.C. § 3142(e)(2)). 

 A qualifying offense involving a minor victim. (18 U.S.C. 

 § 3142(e)(3)(E)). 

 4. Time for Detention Hearing. The United States requests the Court conduct 

the detention hearing: 

 At first appearance. 

 After continuance of three days. 

 x Moot at this time as defendant is in administrative custody but 

hearing requested if detention becomes a viable issue. (Defendant is 

detained by Lubbock County on state charges.) 

 After continuance of ten days. 

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Motion for Pretrial Detention – Page 3 

5. Eligibility for 10-Day Temporary Detention: The court may temporarily 

detain the defendant to permit revocation of conditional release, 

deportation, or exclusion because:

A. i) The defendant is, and was at the time the offense was committed: 

 on release pending trial for a felony under federal, state, or local 

 law (18 U.S.C. § 3142(d)(1)(A)(i)); 

 on release pending imposition or execution of sentence, appeal of 

 sentence or conviction, or completion of sentence, for any offense 

 under federal, state, or local law (18 U.S.C. § 3142(d)(1)(A)(ii)); 

 on probation or parole for any offense under federal, state, or local 

 law (18 U.S.C. § 3142(d)(1)(A)(iii)); or 

 ii) The defendant is not a citizen of the United States or lawfully 

 admitted for permanent residence as defined at 8 U.S.C. 

 § 1101(a)(20) (18 U.S.C. § 3142(d)(1)(B)); 

B. And the defendant: 

 may flee; or 

 pose a danger to any other person or the community. 

 Respectfully submitted, 

 CHAD E. MEACHAM 

 UNITED STATES ATTORNEY 

 s/Ann Howey 

 ANN HOWEY 

Assistant United States Attorney

Texas State Bar No. 24032312 

1205 Texas Avenue, Suite 700 

Lubbock, Texas 79401 

 Telephone: 806-472-7531 

 Facsimile: 806-472-7394 

E-mail: ann.howey@usdoj.gov 

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