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United States v. Stephens

March 22, 2007

UNITED STATES OF AMERICA, PLAINTIFF,
v.
BRANDON R. STEPHENS, DEFENDANT.



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

BINDOVER ORDER

This case came on for hearing on March 21, 2007, 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.

Upon the evidence adduced, the Court finds there is probable cause to believe Defendant committed the offense 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 presumption of detainability arising from the nature of the offense and the maximum and minimum sentences, and the probable cause determination. Defendant presented no testimony.

Based upon the amended Report of the Pretrial Services Officer, the Court finds that there are conditions which will reasonably assure the appearance of the Defendant and the safety of the community. The Government's Motion to detain is therefore denied and Defendant is ordered released on separate conditions set in writing by the Court.

Michael R. Merz Chief United States Magistrate Judge

20070322

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