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

 KENNETH FLUELLEN, JR. Case 4:08-CR-20481

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

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

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)

(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 a preponderance of the evidence that

detention is appropriate in this matter. The information presented at the hearing reveals that at the time of 

the defendant’s arrest he was in a vehicle in which two loaded handguns, a loaded assault rifle, and body

armor were found. Loaded weapons, particularly an assault rifle, and body armor clearly evidence an intent to

employ violence for some purpose which is an obvious danger to the community. 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. Factors that weigh in favor of

the defendant are his family and residential ties to this area, as well as the fact that he is currently attending

school. However, the facts presented at the hearing regarding the firearms and body armor and the current

charges against him outweigh any ties he may have to the community. Based upon the information presented

at the hearing, and considering the severity of the charges pending and the presumption in favor of detention, 

I find by clear and convincing evidence that the defendant poses a danger to the community . He shall be

detained without bond pending trial in this matter.

Part III—Directions Regarding Detention
O AO 472 (Rev. 12/03) Order of Detention Pending Trial

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:September 22, 2008 

 

 s/ Michael Hluchaniuk

Michael Hluchaniuk, United States Magistrate Judge 

Name and Title of Judge

*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 September 22, 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: Nancy A. Abraham, AUSA,

David A. Koelzer, Esq., Richard D. Korn, 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