United States v. Farguson

MEMORANDUM OPINION AND ORDER

FITZWATER, District Judge.

This appeal from an order of the magistrate detaining an armed robbery suspect without bond presents the question whether the presumption of 18 U.S.C. § 3142(e) against pretrial release applies when a violation of 18 U.S.C. § 924(c) is not charged in the indictment. The court concludes the § 924(c) violation need not be charged and that the presumption against release arises in this case. Finding from an independent 1 review of the clear and convincing evidence that no condition or combination of conditions will reasonably assure the…