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United States v. Gober

May 30, 2006

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JAMES LAMAR GOBER, DEFENDANT.



The opinion of the court was delivered by: Chief Magistrate Judge Michael R. Merz

BINDOVER AND ORDER FOR RELEASE ON BOND

This case came on for hearing on May 22, 2006, for preliminary examination and on motion of the United States to determine whether any condition or combination of conditions set forth in 18 U.S.C. §3142(c) will reasonably assure the appearance of the Defendant as required in this case and the safety of the community.

With the advice of counsel, Defendant knowingly, intelligently and voluntarily waived preliminary examination. Based on the Affidavit filed in support of the Complaint, 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 that charge.

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 charged in Count Two and the maximum and minimum sentences, and the probable cause determination. Defendant presented no testimony.

Upon further investigation by the Pretrial Services Officer, the Court has determined that Defendant may appropriately be released on bond with conditions including electronically monitored home confinement at 354 Morton Avenue, Dayton, Ohio. Pretrial Services is requested to prepare a set of appropriate conditions for the Court's consideration and signature.

Michael R. Merz Chief United States Magistrate Judge

20060530

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