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

UNITED STATES DISTRICT COURT 

Eastern	 District Michigan of 

UNITED STATES OF AMERICA 

v.	 ORDER OF DETENTION PENDING TRIAL 

ERIC CORNELL SUTTLES Case Number: 0 9 - 2 0166 

Defendant 

In accordance with the Bail Reform Act, 18 U.S.c. § 3142(t), 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 

D (I)	 The defendant is charged with an offense described in 18 U.S.C. § 3142(t)(I) and has been convicted ofa 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. § 3156(a)(4). 

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

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

* 

D 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(t)(I)(A)-(C), or comparable state or local offenses. 

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

D (3) A period of not more than five years has elapsed since the D date of conviction D release of the 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 

for which a maximum term of imprisonment of ten years or more is prescribed in _T_itl_e_2_1 _ 

D 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 of the defendant as required and the safety of the 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;tclear and convincing evidence D a preponderance of the evidence that 

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

safely of the community considering the factors listed in 18 U.S.C. 3142(g), as more fully explained in the attached statement of 

reasons. 

Part III-Directions Regarding Detention 

The defendant iscommitted 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 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. 

April 20, 2009 s/Michael Hluchaniuk 

Date ---:..._--------~-~~----------- SignatureofJudge 

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 of Act of Sept. 15, 1980 (21 U.S.c. § 955a). 

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United States v. Eric Cornell Suttles 

Case No. 09-20166 

STATEMENT OF REASONS FOR DETENTION 

Defendant is before the Court charged with three violations of the federal 

criminal laws in an indictment returned on April 15, 2009. He is charged in the 

indictment with possessing heroin with the intent to distribute, possessing 

marijuana with the intent to distribute, and with being a felon in possession of 

firearms. All three offenses are alleged to have taken place on November 26, 

2008, and apparently arise from the execution of a search warrant at defendant's 

home. 

Defendant first appeared before the Court on these charges on April 15, 

2009. An arraignment was completed at that time and counsel was appointed. 

The government made a motion for detention during the hearing and requested 

time to prepare for the hearing. The hearing was held on April 17, 2009. During 

the hearing the government presented information to the Court including: 1) that 

defendant stands convicted ofthree prior felony drug offenses; 2) that the 

government intends to file an information pursuant to 21 U.S.C. § 851 which, 

when filed, would enhance the potential penalty defendant would face if convicted 

ofthe offenses in the indictment; 3) that, while on probation for one ofhis prior 

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felony drug offenses, defendant absconded; 4) that the present offenses were 

committed while defendant was on bond for one of his prior felony drug 

convictions; 5) that defendant, on the date ofthe search warrant, was in possession 

of a loaded assault rifle (in addition to three other firearms), which had attached to 

it a 100 round capacity ammunition magazine; and 6) the presumption in favor of 

detention applied to these circumstances. 

It is determined that defendant has not rebutted the presumption in favor of 

detention and, if it had been rebutted, the government has established, by a 

preponderance ofthe evidence, that: a) defendant is a flight risk, and b) based on 

defendant's prior record, the penalty faced with the present charges and the prior 

incident of absconding. The government has established by clear and convincing 

evidence that defendant is a danger to the community based on his continued drug 

trafficking and his possession of firearms including an assault rit1e with a 100 

round capacity ammunition magazine. Based on these findings, thegovernment's 

motion for detention is granted. 

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CERTIFICATE OF SERVICE 

I certify that on April 20, 2009, I electronically filed the foregoing paper 

with the Clerk ofthe Court using the ECF system, which will send electronic 

notification to the following: Nancy A. Abraham, AUSA, and Kenneth R. Sasse, 

Federal Defenders Office, and I certify that I have mailed by United States Postal 

Service/hand-delivered the paper to the following non-ECF participants: Pretrial 

Services Agency and the United States Marshal's Service. 

s/James P. Peltier 

Courtroom Deputy Clerk 

U.S. District Court 

600 Church Street 

Flint, NIl 48502 

(810) 341-7850 

pete-lJeltier@mied.uscourts.gov 

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