O AO 472 (Rev. 12/03) Order of Detention Pending Trial

UNITED STATES DISTRICT COURT

EASTERN District of MICHIGAN

UNITED STATES OF AMERICA

V. ORDER OF DETENTION PENDING TRIAL

 VICTOR DEMETRIUS JOHNSON, Case 4:08-CR-20513

Defendant

In accordance with the Bail Reform Act, 18 U.S.C. § 3142(f), a detention hearing has been held. I conclude that the following facts require

the detention of the defendant pending trial in this case.

Part I—Findings of Fact

G (1) The defendant is charged with an offense described in 18 U.S.C. § 3142(f)(1) and has been convicted of a G federal offense G state

or local offense that would have been a federal offense if a circumstance giving rise to federal jurisdiction had existed - that is

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

G an offense for which the maximum sentence is life imprisonment or death. 

G an offense for which a maximum term of imprisonment of ten years or more is prescribed in

.*

G 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)-©, or comparable state or local offenses.

G (2) The offense described in finding (1) was committed while the defendant was on release pending trial for a federal, state or local offense.

G (3) A period of not more than five years has elapsed since the G date of conviction G release of the defendant from imprisonment 

for the offense described in finding (1).

G (4) Findings Nos. (1), (2) and (3) establish a rebuttable presumption that no condition or combination of conditions will reasonably assure the

safety of (an) other person(s) and the community. I further find that the defendant has not rebutted this presumption.

Alternative Findings (A)

 X (1) There is probable cause to believe that the defendant has committed an offense

 X for which a maximum term of imprisonment of ten years or more is prescribed in 21 U.S.C. § 801 et. seq. .

X under 18 U.S.C. § 924©.

(2) The defendant has not rebutted the presumption established by finding 1 that no condition or combination of conditions will reasonably assure

the appearance of the defendant as required and the safety of the community.

Alternative Findings (B)

X (1) There is a serious risk that the defendant will not appear.

X (2) There is a serious risk that the defendant will endanger the safety of another person or the community.

Part II—Written Statement of Reasons for Detention

I find that the credible testimony and information submitted at the hearing establishes by X clear and convincing evidence X a preponderance of the evidence that

detention is appropriate in this matter. The information presented at the hearing reveals that the defendant has exhibited a history of failing to

comply with prior court orders. It further appears that the instant offense was committed within a short time after the defendant was sentenced in

state court for delivery of marijuana, and while he was on probation regarding that matter. 18 U.S.C. 3142(g) outlines factors to be considered in

determining the release of an individual. Among these factors are the nature of the offense and the history and characteristics of the person,

including past conduct. Based upon the information presented at the hearing, I find that although the defendant is employed, and that he has a

relative who would be a suitable third-party custodian, those factors are outweighed by the severity of the charges pending, the defendant’s

previous criminal history and his failure to abide by court orders. I further find that he has not overcome the presumption that he does not pose a

risk of flight. I additionally find by clear and convincing evidence that he is a danger to the community. He shall be detained without bond

pending trial in this matter.

Part III—Directions Regarding Detention

The defendant is committed to the custody of the Attorney General or his designated representative for confinement in a corrections facility

separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal. The defendant shall be afforded

a reasonable opportunity for private consultation with defense counsel. On order of a court of the United States or on request of an attorney for the

Government, the person in charge of the corrections facility shall deliver the defendant to the United States marshal for the purpose of an appearance

in connection with a court proceeding.

 

 Date: October 17, 2008 

 s/ Michael Hluchaniuk

Michael Hluchaniuk, United States Magistrate Judge

Name and Title of Judge
O AO 472 (Rev. 12/03) Order of Detention Pending Trial

*Insert as applicable: (a) Controlled Substances Act (21 U.S.C. § 801 et seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951 et seq.); or ©

Section 1 of Act of Sept. 15, 1980 (21 U.S.C. § 955a).

CERTIFICATE OF SERVICE

I hereby certify that on October 17, 2008 , I electronically filed the foregoing paper with the Clerk of the Court using the ECF

system which will send such notification of such filing to the following: Norman W. Donker, AUSA, Kenneth R. Sasse, Esq. ,

and I hereby certify that I have mailed by United States Postal Service/hand delivered the paper to the following non-ECF

participants: United States Marshal Service, 600 Church St., Flint, MI, 48502, Pretrial Services Officer, 600 Church St., Flint,

MI 48502.

 s/James P. Peltier

 James P. Peltier

 Courtroom Deputy Clerk

 U.S.District Court

 600 Church St.

 Flint, MI 48502

 810-341-7850

 pete peltier@mied.uscourts.gov