USA v. Holbert

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. 8:25mj559
KHYRE HOLBERT, 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)
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:
☒ 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 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.
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☒ Weight of evidence against the defendant is strong.
☒ Subject to lengthy period of incarceration if convicted.
☒ Lack of stable employment.
☒ Prior criminal history.
☒ History of violence or use of weapons.
☒ Prior violations of probation, parole, or supervised release.
☒ On probation, parole, and/or release pending trial, sentence appeal, or completion of the sentence at the time of
the alleged offense.
☒ Participation in criminal activity while on probation, parole, or supervision.
☒ The defendant’s release poses serious danger to any person or the community.
OTHER REASONS OR FURTHER EXPLANATION:
Pending violation of supervised release petition in Case No. 8:17CR189.
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: 10/31/2025 s/ Michael D. Nelson
United States Magistrate Judge
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