UNITED STATES DISTRICT COURT FOR THE 

DISTRICT OF NEW HAMPSHIRE

United States of America

v. Case No. 09-mj-04-01-JM

Jason Bond

ORDER OF DETENTION PENDING TRIAL

AND PROBABLE CAUSE

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

18 U.S.C. §§ 3141 et seq., a hearing was conducted on January 9,

2009, for the purpose of determining whether to detain defendant,

Jason Bond, who has been charged with (1) conspiracy to receive

and possess stolen firearms shipped in interstate commerce, (2)

receiving stolen firearms shipped in interstate commerce, and (3)

stealing firearms from a licensed dealer. 

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). 

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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

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). 

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In the case at hand, I find probable cause to believe that

the offenses charged have been committed and that the defendant

has committed them. 

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

regard to danger to the community. Specifically, these crimes

involve the theft of sixty-three firearms, some of which are

assault weapons, by a marijuana and heroin user. Defendant

immediately began selling the firearms. When arrested he was

armed. His co-conspirator has confessed and implicated

defendant. The evidence is overwhelming. With no plan to deal

with his addiction and his affinity for attack weapons, his ties

to the community mean little. 

I am satisfied from the representations, testimony, and

documents offered during the hearing that no condition or

combination of conditions will reasonably assure the safety of

the community. 

Accordingly, it is ORDERED that the defendant be detained

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

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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: January 9, 2009

cc: Terry L. Ollila

 Andrew R. Schulman, Esq.

 U.S. Marshal

 U.S. Probation

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