USA v. Jelenik

AO 472 (Rev. 1/25), modified by NED (4/25)
Page 1 of 2
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
v. 	Case No. 4:25mj3246
JUSTIN JELENIK, 	ORDER OF DETENTION PENDING TRIAL
Defendant
Part I - Eligibility for Detention
Upon the
☒ A. Motion of the Government for a detention hearing pursuant to 18 U.S.C. § 3142(f)(1) because the
defendant is charged with:
☒ (5) any felony that is not otherwise a crime of violence but involves (a) a minor victim;
(b) the possession of a firearm or destructive device (as defined in 18 U.S.C. § 921);
(c) any other dangerous weapon; or (d) a failure to register under 18 U.S.C. § 2250;
threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate a prospective
witness or juror if released.
The Court found that the Government established one or more of the factors above, held a detention hearing, and
found that detention is warranted. This order sets forth the Court’s findings of fact and conclusions of law, as
required by 18 U.S.C. § 3142(i), in addition to any other findings made at the hearing.
Part II - Findings of Fact and Law as to Presumptions under § 3142(e)
☒ B. Rebuttable Presumption Arises Under 18 U.S.C. § 3142(e)(3) (narcotics, firearm, other offenses): There is a
rebuttable presumption that no condition or combination of conditions will reasonably assure the appearance of the
defendant as required and the safety of the community because there is probable cause to believe that the defendant
committed one or more of the following offenses:
☒ (5) an offense involving a minor victim under 18 U.S.C. §§ 1201, 1591, 2241, 2242, 2244(a)(1), 2245, 2251,
2251A, 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260,
2421, 2422, 2423, or 2425.
☒ C. Application of Any Presumption Established Above
☒ The defendant has not rebutted the presumption.
Part III - Analysis and Statement of the Reasons for Detention
Even if defendant had rebutted the presumption, after considering any applicable presumption, the nature and
circumstances of the defendant’s alleged conduct, the defendant’s history and characteristics, the other factors set forth in
18 U.S.C. § 3142(g), the information presented at the detention hearing, and the available conditions of release under 18
U.S.C. § 3142(c), the Court concludes that the defendant must be detained pending trial because the Government has
proven:
4:25-cr-03103-SMB-JMD Doc # 21 Filed: 11/06/25 Page 1 of 2 - Page ID #
<pageID>

Page 2 of 2
☒ By clear and convincing evidence that no condition or combination of conditions of release will reasonably assure
the safety of any other person and the community.
The reasons for detention include the following checked items (After this list, add any additional items or explanations
as needed to comply with the requirement for a written statement of reasons under 18 U.S.C. § 3142(i).):
☒ The offense charged is a crime of violence, a violation of § 1591, a federal crime of terrorism, or involves a
minor victim or a controlled substance, firearm, explosive, or destructive device.
☒ Weight of evidence against the defendant is strong.
☒ Subject to lengthy period of incarceration if convicted.
☒ History of violence or use of weapons.
☒ The defendant’s release poses serious danger to any person or the community.
OTHER REASONS OR FURTHER EXPLANATION:
Circumstances of arrest and firing at law enforcement during execution of search warrant.
Part IV - Directions Regarding Detention
The defendant is remanded to the custody of the Attorney General or to the Attorney General’s 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 must 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 must deliver the defendant to a United States Marshal for the purpose of an appearance
in connection with a court proceeding.
Date: 	11/06/2025 	s/ Jacqueline M. DeLuca
United States Magistrate Judge
4:25-cr-03103-SMB-JMD Doc # 21 Filed: 11/06/25 Page 2 of 2 - Page ID #
<pageID>