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United States v. Lawrence

United States District Court, S.D. Mississippi, Northern Division

April 13, 2018

UNITED STATES OF AMERICA
v.
KEVIN LAWRENCE

          ORDER

          Daniel P. Jordan III CHIEF UNITED STATES DISTRICT JUDGE

         Defendant Kevin Lawrence seeks an evidentiary hearing and “reconsideration” of United States Magistrate Judge Stephen Wm Smith's Order [21-1] denying bond. He has not established entitlement to either. The Court therefore denies Lawrence's motion without a hearing.

         I. Procedural and Factual History

         In December 2017, a federal grand jury in the Southern District of Mississippi returned an indictment against Lawrence for: (1) conspiracy to possess with the intent to distribute 100 kilograms or more of marijuana; (2) possession with the intent to distribute 100 kilograms or more of marijuana; and (3) use of a telephone in furtherance of a drug-trafficking offense. Indictment [3] at 1-3.

         Those charges led to Lawrence's arrest near Houston, Texas. He then appeared before the United States District Court for the Southern District of Texas, and he elected to have his detention hearing conducted in that jurisdiction rather than the Southern District of Mississippi. See United States v. Lawrence, Crim. No. 4:18-MJ-176, Waiver of Rule 5 & 5.1 Hearings (S.D. Tex. Feb. 14, 2018); see also Fed. R. Crim. P. 5(c).

         After hearing the evidence at the February 16, 2018 hearing, the magistrate judge ordered Lawrence detained, making the following factual findings:

Defendant is accused of conspiracy to possess with intent to distribute marihuana in violation of 21 U.S.C. §§ 846, 841(a)(1) and 841(b)(1)(B), possession with intent to distribute marihuana in violation of 21 U.S.C. §§§ 841(a)(1), 841(b)(1)(B) and 18 U.S.C. § 2, and use of communication facility to possess with intent to distribute marihuana in violation of 21 U.S.C. § 843(b) and 18 U.S.C. § 2.
There is a serious risk that the defendant will flee.
Defendant represents a danger to the community.
. . . .
[T]here is no condition or combination of conditions set forth in 18 U.S.C. § 3142(c) which will reasonably assure the appearance of the defendant as required.
[T]here is no condition or combination of conditions set forth in 18 U.S.C. § 3142(c) which will reasonably assure the safety of any other person or the community.

         Detention Order [21-1] at 2.

         The magistrate judge supported those findings in his Written Statement of Reasons for Detention, where he documented the ...


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