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United States v. Yancey

September 7, 2007

UNITED STATES OF AMERICA,
v.
JOHN B. YANCEY DEFENDANT.



The opinion of the court was delivered by: Hon. Hugh B. Scott

Amended

Memorandum & Order

The Government seeks to have defendant detained pending trial in this case. In accordance with the Bail Reform Act, 18 U.S.C. §3142(f), a detention hearing was held on February 2, 2007, and a motion for reconsideration of the detention determination came on to be heard on May 10, 2007. The defendant has filed a motion seeking correction and reconsideration of this Court's May 16, 2007 Memorandum & Order to the extent that Order states that the defendant's prior convictions include one for rape. In addition, the defendant argues that he was sufficient ties to the community. For the reasons set forth below, and in accordance with 18 U.S.C. §3142(e) and (g), defendant continues to be ordered detained pending trial in this case.

Charges Against Defendant

In summary, the defendant is charged by way of an indictment alleging that he was a felon in possession of a firearm namely a Savage Arms 12 gauge double barrel shotgun bearing no serial number and two rounds of ammunition, all in violation of Title 18, United States Code Sections 922(g)(1) and 924(a)(2).

Discussion

Pursuant to 18 U.S.C. §3142(g), the factors to be considered in the determination of a detention request are:

(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, including--

(A) 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

(B) whether, at the time of the current office 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; and

(4) the nature and seriousness of the danger to any person or the community that would be ...


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