U.S.A v. Scott, Case No. 3:11MJ0055
| Decision Date | 04 March 2011 |
| Docket Number | Case No. 3:11MJ0055 |
| Parties | UNITED STATES OF AMERICA, Plaintiff, v. CHRISTOPHER SCOTT, Defendant. |
| Court | U.S. District Court — Southern District of Ohio |
On March 4, 2011, this case came on for hearing on the motion of the United States for pretrial detention. Defendant is charged by Complaint with Conspiracy to Possess with Intent to Distribute Controlled Substances in violation of Title 21 U.S.C. § 846 and Interstate and Foreign Travel and Transportation in Aid of Racketeering Enterprise in violation of Title 18 U.S.C. § 1952.
Upon the evidence adduced, the Court finds there is probable cause to believe Defendant committed the offenses alleged in the Complaint and orders that he be bound over to the grand jury to answer the charges.
In requesting detention, the United States relied on the report of the Pretrial Services Officer, the presumption of detainability arising from the nature of the offense, the maximum and minimum sentences, and the probable cause determination.
Under § 3142(e), a defendant shall be detained pending trial if, after a hearing, thejudicial officer finds that no condition or set of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community. The factors to be considered in determining whether to release a defendant pending trial are set forth in 18 U.S.C. § 3142(g) and include: (1) the nature and circumstances of the offense charged; (2) the weight of the evidence against the person; (3) the history and characteristics of the person; and (4) the nature and seriousness of the danger to any person or the community that would be posed by the defendant's release.
In considering the history and characteristics of the person, the judicial officer should consider the person's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings; and whether, at the time of the current offense or arrest, the person was on probation, on parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense under Federal, State, or local law.
Based upon the evidence presented and for the reasons stated on the record in open court, the Court finds by clear and convincing evidence that no condition or combination of conditions set forth in 18 U.S.C. §3142 (c) will reasonably assure the appearance of the Defendant as required and the safety of the...
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