AO 472 (Rev. 6/05) Order of Detention Pending Trial

United States District Court

Eastern District of Michigan

United States of America ORDER OF DETENTION PENDING TRIAL

v.

Cushmeer Muhammad / Case Number: 09-30323

 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

 T (1) I find that:

T there is probable cause to believe that the defendant has committed an offense

T for which a maximum term of imprisonment of ten years or more is prescribed in 21 U.S.C. § 841 or 846;

 T under 18 U.S.C. § 924(c).

 T (2) I further find that the defendant has not rebutted the presumption established by finding 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

T I find that the government has established by a preponderance of the evidence that there is a serious risk that the defendant

will not appear.

T I find that the government has established by clear and convincing evidence that 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

T I find that the credible testimony and information submitted at the hearing established the following factors under 18

U.S.C. § 3142(g):

T (a) nature of the offense - Criminal Complaint - 1. Felon in Possession of a Firearm, 2. Possession of Firearm in

the furtherance of Drug Trafficking Offense, 3. Possession with Intent to Distribute Cocaine Base.

T (b) weight of the evidence - The evidence is strong, as it is based upon eye witness testimony and the seized

drugs and fiream.

 T (c) history and characteristics of the defendant -

T 1) physical and mental condition - Good health history; admits to marijuana use.

T 2) employment, financial, family ties - Has job and community contacts; no assets.

T 3) criminal history and record of appearance - At least two felony drug convictions and three

misdemeanor convictions, two of which involved obstructing police. 

“ (d) probation, parole or bond at time of the alleged offense -

T (e) danger to another person or community - This 25 year old, twice convicted felon was found to be in

possession of marijuana, crack cocaine and a loaded firearm. He fled from, and then physically resisted the arresting

officer. He has a lengthy criminal history for a man his age, and has twice violated probation restrictions. He faces

lengthy terms of imprisonment upon conviction, and thus has a strong motivation to abscond. He has a history of

violating court ordered restrictions and he forcibly resisted arrest. Pretrial Services recommends detention on both

risk of flight and dangerousness grounds. This defendant failed to rebut the presumption in favor of detention.

Independent of the presumption, I view his as a flight risk and a danger to the community.

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.

s/Donald A. Scheer 

Date: July 29, 2009 Signature of Judge

Donald A. Scheer, United States Magistrate Judge 

 Name and Title of Judge

2:09-mj-30328-DUTY Doc # 2 Filed 07/29/09 Pg 1 of 1 Pg ID 8