USA v. McGhee
Criminal

District of Nebraska, ned-8:2004-cr-00436-32954

ORDER regarding PETITION FOR OFFENDER UNDER SUPERVISION 97 as to defendant Clinton L. McGhee. The preliminary hearing is scheduled before U.S. Magistrate Judge Michael D. Nelson by WebEx/Video Conference, at 2:15 p.m. on April 23, 2020. Ordered by Magistrate Judge Michael D. Nelson.

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8:04-cr-00436-JFB-MDN Doc # 105 Filed: 04/13/20 Page 1 of 2 - Page ID # 372 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA UNITED STATES OF AMERICA, Plaintiff, 8:04CR436 vs. ORDER ON APPEARANCE FOR CLINTON L. MCGHEE, SUPERVISED RELEASE VIOLATION Defendant. The defendant appeared before the Court on April 10, 2020 regarding Petition for Offender Under Supervision [97]. James M. Davis represented the defendant. Matt E. Lierman represented the government. The defendant was advised of the alleged violation(s) of supervised release, right to retain or appointment of counsel, and any right to a preliminary hearing in accordance with Federal Rule of Criminal Procedure 32.1(a)(3). The defendant requested a preliminary hearing. Fed. R. Crim. P. 32.1(b)(1)(A). The preliminary hearing is scheduled before U.S. Magistrate Judge Michael D. Nelson by WebEx/Video Conference, at 2:15 p.m. on April 23, 2020. The government moved for detention based upon risk of flight and danger. The defendant requested a detention hearing which was held. The court finds that the defendant failed to meet his/her burden to establish by clear and convincing evidence that he/she will not flee or pose a danger to any other person or to the community. Fed. R. Crim. P. 32.1(a)(6); 18 U.S.C. § 3143(a)(1). The government's motion for detention is granted as to risk of flight and danger and the defendant shall be detained until further order of the Court. The defendant shall be committed to the custody of the Attorney General or designated representative for confinement in a correctional facility and shall be afforded a reasonable opportunity for private consultation with defense counsel. Upon order of a United States court or upon request of an attorney for the government, the person in charge of the corrections facility shall deliver the defendant to the United States Marshal for an appearance in connection with a court proceeding. 8:04-cr-00436-JFB-MDN Doc # 105 Filed: 04/13/20 Page 2 of 2 - Page ID # 373 IT IS SO ORDERED. Dated this 13th day of April, 2020. BY THE COURT: s/ Michael D. Nelson United States Magistrate Judge 2