UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

United States of Americ a

v . Case No. 09-mj-8-01-JM

Anthony C . Harri s

ORDER ON PRELIMINARY EXAMINATION and

ORDER OF DETENTION PENDING TRIAL

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

18 U .S .C . §§ 3141 et sea• and Rule 5 .1 a, a hearing was conducted

on January 30, 2009, for the purpose of determining probable

cause and whether to detain defendant, Anthony C . Harris, who has

been charged in a complaint with interference with commerce by

threat or violence .

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,

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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) .

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

that the offenses charged have been committed and that th e

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defendant has committed them .

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

regard to probable cause and detention . Specifically,

surveillance tapes show defendant in the store l1/~ hours before

the robbery acting as though he is "checking things out ." A cell

phone dropped by one of the robbers evidences a telephone call

with defendant minutes before the robbery, and defendant is

recorded calling the co-defendant's girl within an hour after .

Defendant told a CI that he drove the getaway car . The CI saw

defendant, a convicted felon, with a gun . Guns were used - one

stolen from defendant's residential area the day before the

robbery . A distinctive Yankee hat was worn by defendant in the

store and that, or an identical hat, was found with the robbers

later . Defendant has three felony convictions - drugs, guns and

burglary - and recently threatened to cut his girlfriend's

throat .

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 .

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 .

J es . Muirhead

Unl e States Magistrate Judg e

Date : February 2, 200 9

cc : Kenneth L . Perkes, Esq .

R . Brian Snow, Esq .

U .S . Marsha l

U .S . Probation

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