United States v. Robinson

Order Defendant has been indicted for interstate transportation of stolen vehicles, possession of vehicles with altered identification numbers, attempted exportation of stolen vehicles and of vehicles with altered identification numbers, failure to file tax returns and money laundering. He was ordered detained pending trial, and now appeals the detention order. The government urges that the district court's detention order be affirmed. According to the provisions of 18 U.S.C. § 3142(e) and (f), certain defendants shall be detained pending trial if, after a hearing, the judicial officer finds that no condition or set of conditions will assure the defendant's appearance and the safety of the community. The factors to be considered in determining whether to release a defendant pending trial are set forth in 18 U.S.C. § 3142(g) and include: the nature and circumstances of the offense charged; the weight of the evidence against the person; and the nature and seriousness of the danger posed by the defendant's release. The district court's findings of fact will not be disturbed on appeal unless they are found to be clearly erroneous. United States v. Hazime, 762 F.2d 34, 37 (6th Cir. 1985). Questions of law, or mixed questions of law and fact, however, are reviewed de novo by the court. Id.