'l%l:. AD 472 (Rev. 12/03) Orderof DetentionPendingTrial 

UNITED STATES DISTRICT COURT
 

Eastern District of Michigan 

UNITED STATES OF AMERICA 

v. 

LAMONT QUENTON DENER 

Defendant 

ORDER O

Case Number: 

F DETEN

09-20103 

TION PENDING TRIAL 

In accordance with the Bail Reform Act, 18 U.S.C. § 3 I42(f), a detention hearing has been held. I conclude that the following facts require the 

detention ofthe defendant pending trial in this case. 

Part I-Findings of Fact 

D (I) The defendant is charged with an offense described in 18 U.S.C. § 3 I42(f)(I) and has been convicted of a D federal offense D state 

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

D a crime of violence as defined in 18 U.S.C. § 3 I 56(a)(4). 

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

o an offense for which a maximum term of imprisonment often years or more is prescribed in 

* 

o a felony that was committed after the defendant had been convicted oftwo or more prior federal offenses described in 18 U.S.c. 

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

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

D (3) A period ofnot more than five years has elapsed since the D date of conviction 0 release ofthe defendant from imprisonment 

for the offense described in finding (I). 

D (4) Findings Nos. (I), (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) 

lit (I) There is probable cause to believe that the defendant has committed an offense Wfor which a maximum tenn of imprisonment often years or more is prescribed in _T_itl_e_2_1 _ 

o under 18 U.S.C. § 924(c).

lit (2) The defendant has not rebutted the presumption established by finding (I) that no condition or combination ofconditions will reasonably assure 

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

Alternative Findings (B) 

D (I) There is a serious risk that the defendant will not appear. 

D (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 r;Iclear and convincing evidence 0 a preponderance of the evidence that 

there are no conditions or combination of conditions that will reasonably assure the appearance of the defendant and the safety of 

the community considering the factors listed in 18 U.S.C. 3142(g). As stated on the record at the May 1, 2009, hearing, defendant 

is facing firearm and drug offenses involving heroin and crack cocaine, he is facing a mandatory minimum 20 year sentence if 

convicted, he has a prior drug felony conviction in 2007, he violated his probation for that sentence and the present offenses were 

allegedly committed during the probationary period, he has failed to appear on misdemeanor drug charges in Detroit, he allegedly 

possessed a loaded semi-automatic handgun and is a user of illegal controlled substances. 

Part III-Directions Regarding Detention 

The defendant is committed to the custody ofthe 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 ofthe corrections facility shall deliver the defendant to the United States marshal for the purpose of an appearance 

in connection with a court proceeding. 

May 4 2QQ9 a/Mjchael Hlllcbanillk 

Date Signature ofJudge 

Michael Hluchaniuk U.S. Magistrate Judge 

Name and Title ofJudge 

*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 (c) Section I ofAct ofSept. 15, 1980 (21 U.S.C. § 955a). 

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CERTIFICATE OF SERVICE 

I certify that on May 4,2009, I electronically filed the foregoing paper with 

the Clerk of the Court using the ECF system, which will send notification of such 

filing to the following Nancy Abraham, AUSA, and Kenneth R. Sasse, Federal 

Defender's Office, and I certify that I have either hand delivered! mailed by United 

States Postal Service the paper to the following non-ECF participants: Pretrial 

Services Agency and U.S. Marshal Service. 

s/James P. Peltier 

Courtroom Deputy Clerk 

U.S. District Court 

600 Church Street 

Flint, MI 48502 

(810) 341-7850 

pete-peltier@mied.uscourts.gov 

2
 

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