United States v. Donald Warren ( 1986 )

ORDER

Donald Warren appeals from a final order entered in the District Court¹ for the Eastern District of Missouri granting the government’s motion to detain him pending trial. The district court concluded that no terms of conditional release would reasonably assure the safety of the community. For the reasons discussed below, we affirm.

Appellant was indicted and charged with two counts of distribution of cocaine in violation of 21 U.S.C. § 841(a)(1). According to the government, appellant on two occasions sold small amounts of cocaine to an undercover officer. The maximum term of imprisonment for the offenses charged is fifteen years for each count. The government filed a motion for a detention' hearing. A detention hearing was held before a federal magistrate on February 3, 1986. The government produced evidence of appellant’s criminal record. His record consists of 23 adult incidents and convictions for second degree burglary and shooting into a dwelling in 1973,' carrying a concealed weapon in 1978 and receiving stolen property in 1983, and he was on probation at the time he committed the offenses charged. Appellant did not dispute the government’s evidence about his criminal record and stated that he had been released on bond before and had not fled. Appellant argued that the government’s evidence of dangerousness was stale and that there was no evidence showing that he was dangerous to the community at the present time. The magistrate² granted the government’s motion for pre-trial detention on February 11, 1986.

Appellant then filed a motion for review. At a hearing on February 28, 1986, appellant presented additional evidence relevant primarily to risk of flight rather than dangerousness. On March 3, 1986, the district court denied the motion for review, upholding the magistrate’s detention order. This appeal followed.

We have carefully reviewed the record and affirm the pretrial detention order of the district court. The statutory presumption and the government’s evidence of appellant’s criminal record, including prior convictions involving the use of firearms, constituted clear and convincing evidence sufficient to support a detention order on the grounds that no condition or combination of conditions will reasonably assure the safety of any other person and the community under 18 U.S.C. § 3142(f). See United States v. Dominguez, 783 F.2d 702, 707 (7th Cir.1986).

Accordingly, the detention order of the district court is affirmed.

1 . The Honorable George F. Gunn, Jr., United States District Judge for the Eastern District of Missouri.

2 . The Honorable Carol E. Jackson, United States Magistrate for the Eastern District of Missouri.