USA v. Ducote et al

AO 472 (Rev. 1/25), modified by NED (4/25)
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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
v. 	Case No. 4:25cr3106
URIEL LEYVA, 	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:
☒ (3) an offense for which a maximum term of imprisonment of 10 years or more is prescribed in the
Controlled Substances Act (21 U.S.C. §§ 801–904), the Controlled Substances Import and Export
Act (21 U.S.C. §§ 951–971), or Chapter 705 of Title 46, U.S.C. (46 U.S.C. §§ 70501–70508); or
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:
☒ (3) an offense listed in 18 U.S.C. § 2332b(g)(5)(B) for which a maximum term of imprisonment of 10 years
or more is prescribed;
☒ C. Application of Any Presumption Established Above
☒ The defendant has rebutted the presumption.
Part III - Analysis and Statement of the Reasons for Detention
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:
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☒ By a preponderance of evidence that no condition or combination of conditions of release will reasonably assure the
defendant’s appearance as required.
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).):
☒ Weight of evidence against the defendant is strong.
☒ Subject to lengthy period of incarceration if convicted.
☒ Significant family or other ties outside the United States.
☒ The defendant’s release poses serious danger to any person or the community.
OTHER REASONS OR FURTHER EXPLANATION:
Significant ties, communication and financial transactions to Mexico, primary ties to community detained now on
immigration charges, weight of the evidence, updated recommendation of pretrial services
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: 	12/9/2025 s/ Jacqueline M. DeLuca
United States Magistrate Judge
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