UNITED STATES DISTRICT COURT FOR THE 

DISTRICT OF NEW HAMPSHIRE

United States of America

v. Criminal No. 08-mj-55-01-JM

Shawn Butler

ORDER OF DETENTION PENDING TRIAL

In accordance with Section 3142(f) of the Bail Reform Act,

18 U.S.C. §§ 3141 et seq., a hearing was conducted on May 20,

2008, for the purpose of determining whether to detain defendant,

Shawn Butler, who has been indicted on one count of receiving

stolen firearms. 

Under 18 U.S.C. § 3142(b), a court, in making a

determination regarding detention, must evaluate the risk of the

defendant’s flight, the risk to the safety of any other person,

and the risk to the safety of the community. In circumstances

when detention is not mandated by the court, the court is

nonetheless empowered to impose conditions on release. 18 U.S.C.

§ 3142(c). 

Pursuant to the provisions of 18 U.S.C. § 3142(g) a court,

in assessing the risks noted in 18 U.S.C. § 3142(b), shall

consider the following: (1) the nature and circumstances of the

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offense charged; (2) the weight of the evidence as to guilt; 

(3) the history and characteristics of the accused, including

family ties, past history, financial resources and employment;

and (4) the nature and seriousness of the danger to any person or

the community that would be posed by a release.

During the course of a hearing conducted pursuant to 18

U.S.C. § 3142, the government typically retains the burden of

persuading the court that “‘no condition or combination of

conditions will reasonably assure’ the defendant’s presence at

trial.” United States v. Perez-Franco, 839 F.2d 867, 870 (1st

Cir. 1988)(quoting United States v. Palmer-Contreras, 835 F.2d

15, 17-18 (1st Cir. 1987)); United States v. Patriarca, 948 F.2d

789, 793 (1st Cir. 1991). For its part, the government is

required to offer a preponderance of the evidence to prove risk

of flight. See Patriarca, 948 F.2d at 792-93. Facts necessary

to find that no combination will reasonably assure the safety of

any person and the community require satisfaction of the “clear

and convincing” standard. 18 U.S.C. § 3142(f)(2). 

In the case at hand, the grand jury’s indictment establishes

probable cause to believe that the offenses charged have been

committed and that the defendant has committed them. 

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Here, I find that the government has met its burden with

regard to danger to the community and risk of flight. 

Specifically, the offense involves the purchase from an exconvict of three stolen weapons which this defendant resold to

two drug dealers in Massachusetts. He was in the process of

acquiring six additional weapons for sale to drug dealers. He

has had sporadic employment and unstable living arrangements. 

Despite first agreeing to self-surrender, he then telephonically

told agents to “find me bitch.” When Concord police found him,

he fled. He tested dirty for marijuana and cocaine and, at

arrest, was found with two marijuana baggies. He was hiding out

in a “homeless” area behind the Everett Arena. He is out-ofcontrol and needs treatment. Without it, he is both a danger and

a risk of flight. 

I am satisfied from the representations and documents

offered during the hearing that no condition or combination of

conditions will reasonably assure the safety of the community. 

Upon full consideration of the arguments offered by the

government and defense, I am satisfied that the defendant also

poses a risk of flight. 

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Accordingly, it is ORDERED that the defendant be detained

pending trial. This order is intended to be without any

prejudice to reconsideration should defendant be admitted to an

inpatient drug treatment facility.

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.

SO ORDERED.

______________________________

James R. Muirhead

United States Magistrate Judge

Date: May 20, 2008

cc: Peter G. McGrath

 Peter E. Papps

 U.S. Marshal

 U.S. Probation

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