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 AO 472 (Rev. 09/16) Order of Detention Pending Trial 

UNITED STATES DISTRICT COURT

for the

Eastern District of Michigan 

United States of America )

)

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v. 

 

Case No. 

Defendant

ORDER OF DETENTION PENDING TRIAL

Part I - Eligibility for Detention

Upon the 

 Motion of the Government attorney pursuant to 18 U.S.C. § 3142(f)(1), or 

 Motion of the Government or Court’s own motion pursuant to 18 U.S.C. § 3142(f)(2), 

the Court held a detention hearing and found that detention is warranted. This order sets forth the Court’s findings of fact 

and conclusions of law, as required by 18 U.S.C. § 3142(i), in addition to any other findings made at the hearing. 

Part II - Findings of Fact and Law as to Presumptions under § 3142(e)

A. Rebuttable Presumption Arises Under 18 U.S.C. § 3142(e)(2) (previous violator): There is a rebuttable 

presumption that no condition or combination of conditions will reasonably assure the safety of any other person 

and the community because the following conditions have been met: 

(1) the defendant is charged with one of the following crimes described in 18 U.S.C. § 3142(f)(1): 

(a) a crime of violence, a violation of 18 U.S.C. § 1591, or an offense listed in 18 U.S.C. 

 § 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 10 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, U.S.C. (46 U.S.C. §§ 70501-70508); 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 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; (ii) the possession of a firearm or destructive device (as defined in 18 U.S.C. § 921); 

(iii) any other dangerous weapon; or (iv) a failure to register under 18 U.S.C. § 2250; and

(2) the defendant has previously been convicted of a Federal offense that is described in 18 U.S.C. 

§ 3142(f)(1), or of a State or local offense that would have been such an offense if a circumstance giving rise 

to Federal jurisdiction had existed; and

(3) the offense described in paragraph (2) above for which the defendant has been convicted was 

 committed while the defendant was on release pending trial for a Federal, State, or local offense; and

(4) a period of not more than five years has elapsed since the date of conviction, or the release of the 

 defendant from imprisonment, for the offense described in paragraph (2) above, whichever is later. 

08-20647

Antoine Juanell Owens

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 AO 472 (Rev. 09/16) Order of Detention Pending Trial 

B. Rebuttable Presumption Arises Under 18 U.S.C. § 3142(e)(3) (narcotics, firearm, other offenses): There is a 

rebuttable presumption that no condition or combination of conditions will reasonably assure the appearance of the 

defendant as required and the safety of the community because there is probable cause to believe that the defendant 

committed one or more of the following offenses: 

(1) an offense for which a maximum term of imprisonment of 10 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, U.S.C. (46 U.S.C. §§ 70501-70508); 

(2) an offense under 18 U.S.C. §§ 924(c), 956(a), or 2332b; 

(3) an offense listed in 18 U.S.C. § 2332b(g)(5)(B) for which a maximum term of imprisonment of 10 years 

 or more is prescribed; 

(4) an offense under Chapter 77 of Title 18, U.S.C. (18 U.S.C. §§ 1581-1597) for which a maximum term of 

 imprisonment of 20 years or more is prescribed; or

(5) an offense involving a minor victim under 18 U.S.C. §§ 1201, 1591, 2241, 2242, 2244(a)(1), 2245, 

2251, 2251A, 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 

2260, 2421, 2422, 2423, or 2425. 

C. Conclusions Regarding Applicability of Any Presumption Established Above

 The defendant has not introduced sufficient evidence to rebut the presumption above. 

OR

 The defendant has presented evidence sufficient to rebut the presumption, but after considering the 

 presumption and the other factors discussed below, detention is warranted. 

Part III - Analysis and Statement of the Reasons for Detention 

After considering the factors set forth in 18 U.S.C. § 3142(g) and the information presented at the detention hearing, 

the Court concludes that the defendant must be detained pending trial because the Government has proven: 

 By clear and convincing evidence that no condition or combination of conditions of release will reasonably assure 

the safety of any other person and the community. 

 By a preponderance of evidence that no condition or combination of conditions of release will reasonably assure 

the defendant’s appearance as required. 

In addition to any findings made on the record at the hearing, the reasons for detention include the following: 

 Weight of evidence against the defendant is strong 

 Subject to lengthy period of incarceration if convicted 

 Prior criminal history 

 Participation in criminal activity while on probation, parole, or supervision 

 History of violence or use of weapons 

 History of alcohol or substance abuse 

 Lack of stable employment 

 Lack of stable residence 

 Lack of financially responsible sureties 

 Lack of significant community or family ties to this district 

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 AO 472 (Rev. 09/16) Order of Detention Pending Trial 

 

 Significant family or other ties outside the United States 

 Lack of legal status in the United States 

 Subject to removal or deportation after serving any period of incarceration 

 Prior failure to appear in court as ordered 

 Prior attempt(s) to evade law enforcement 

 Use of alias(es) or false documents 

 Background information unknown or unverified 

 Prior violations of probation, parole, or supervised release 

OTHER REASONS OR FURTHER EXPLANATION: 

 

Part IV - Directions Regarding Detention

The defendant is remanded to the custody of the Attorney General or to the Attorney General’s 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 must 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 must deliver the defendant to a United States Marshal for the purpose of an 

appearance in connection with a court proceeding. 

Date: 

Judge’s Signature

 

 

Name and Title 

Defendant is before the court seeking bond prior to his November 3, 2016 supervised release violation hearing 

before Judge Borman. While on supervised release, on June 6, 2015 Defendant was charged in the 36th 

District Court with Felony Home Invasion, 1st Degree (2 counts), Breaking and Entering Without Owner's 

Permission, and Assault and Battery. He was given an $30,000 bond, 10%. The home he broke into was his 

ex-girlfriend's home, and he was found lurking there in the dark with a knife on his person, not once but twice, 

and was arrested and charged. He ultimately pled guilty to Entry Without Owner's Permission and Assault and 

Battery, and was sentenced to 90 days in the Wayne County Jail. Defendant's underlying conviction involves 

the distribution of cocaine and felon in possession. There is clear and convincing evidence that this Defendant 

poses a danger to the community, and that there is no condition or combination of conditions that would assure 

the safety of his ex-girlfriend and her children, or the community at large. Detention is therefore Ordered.

October 26, 2016 s/Mona K. Majzoub

Mona K. Majzoub, U.S. Magistrate Judge

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