USA v. Huard

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE
United States of America
v. Criminal No. 06-cr-117-01-SM
Steve Huard
ORDER OF DETENTION PENDING TRIAL
In accordance with Section 3142(f) of the Bail Reform Act,
18 U.S.C. §§ 3141 et seq., a hearing was conducted on June 29,
2006, for the purpose of determining whether to detain defendant,
Steve Huard, who has been indicted on one count of conspiracy to
commit robbery, bank robbery, and use of a firearm in furtherance
of a crime of violence.
Under 18 U.S.C. § 3142(b), a court, in making a
determination regarding detention, must evaluate the risk of the
defendant’s flight, the risk to the safety of any other person,
and the risk to the safety of the community. In circumstances
when detention is not mandated by the court, the court is
nonetheless empowered to impose conditions on release. 18 U.S.C.
§ 3142(c).
Pursuant to the provisions of 18 U.S.C. § 3142(g) a court,
in assessing the risks noted in 18 U.S.C. § 3142(b), shall
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consider the following: (1) the nature and circumstances of the
offense charged; (2) the weight of the evidence as to guilt;
(3) the history and characteristics of the accused, including
family ties, past history, financial resources and employment;
and (4) the nature and seriousness of the danger to any person or
the community that would be posed by a release.
During the course of a hearing conducted pursuant to 18
U.S.C. § 3142, the government typically retains the burden of
persuading the court that “‘no condition or combination of
conditions will reasonably assure’ the defendant’s presence at
trial.” United States v. Perez-Franco, 839 F.2d 867, 870 (1st
Cir. 1988)(quoting United States v. Palmer-Contreras, 835 F.2d
15, 17-18 (1st Cir. 1987)); United States v. Patriarca, 948 F.2d
789, 793 (1st Cir. 1991). For its part, the government is
required to offer a preponderance of the evidence to prove risk
of flight. See Patriarca, 948 F.2d at 792-93.
In the case at hand, the Indictment itself constitutes
probable cause to believe that the offenses charged have been
committed and that the defendant has committed them.
Here, I find that the government has met its burden with
regard to risk of flight and danger to the community.
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Specifically, the nature of the offence - brandishing a .45
during a bank robbery - involves a crime of violence. His
fingerprint plus clothing and car description with confirmation
from his co-conspirator and his girl friend indicate a strong
case for the government. His numerous felony convictions
including several crimes of violence together with his numerous
defaults, a parole violation and his history of drug abuse
further make clear that he is a risk of flight and a danger to
the community.
Upon full consideration of the arguments offered by the
government and defense, I am satisfied that the defendant poses a
risk of flight and danger to the community.
Accordingly, it is ORDERED that the defendant be detained
pending trial.
The defendant is committed to the custody of the Attorney
General or his 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 shall 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
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attorney for the Government, the person in charge of the
corrections facility shall deliver the defendant to the United
States Marshal for the purpose of an appearance in connection
with a court proceeding.
SO ORDERED.
______________________________
James R. Muirhead
United States Magistrate Judge
Date: June 29, 2006
cc: Terry L. Ollila, AUSA
Thomas F. McCue, Esq.
U.S. Marshal
U.S. Probation
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