USA v. Hawkins

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. 8:25cr191
JOHNNY WALTER HAWKINS, JR., 	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
☒ 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.
☒ By a preponderance of evidence that no condition or combination of conditions of release will reasonably assure the
defendant’s appearance as required.
☒ 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.
☒ Subject to lengthy period of incarceration if convicted.
☒ Prior criminal history.
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☒ The defendant’s release poses serious danger to any person or the community.
Serving 25-30 year state prison sentence in the Nebraska Department of Corrections.
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: 	1/5/2026 	s/ Michael D. Nelson
United States Magistrate Judge
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