1:06-cr-00117•USA v. Huard
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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 Case 1:06-cr-00117-SM Document 18 Filed 06/29/06 Page 1 of 4
2 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. Case 1:06-cr-00117-SM Document 18 Filed 06/29/06 Page 2 of 4
3 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 Case 1:06-cr-00117-SM Document 18 Filed 06/29/06 Page 3 of 4
4 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 Case 1:06-cr-00117-SM Document 18 Filed 06/29/06 Page 4 of 4
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