Unpublished Dispositionunited States of America, Plaintiff-appellee, v. Richard L. Markham, Defendant-appellant, 798 F.2d 1416 (6th Cir. 1986)

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US Court of Appeals for the Sixth Circuit - 798 F.2d 1416 (6th Cir. 1986) July 29, 1986

Before KENNEDY, WELLFORD and BOGGS, Circuit Judges.


On March 20, 1986, Richard Markham was arrested on charges of trafficking in marijuana, a crime carrying a maximun Penalty of 15 years, 21 U.S.C. § 841(a) (1). On May 28, the government moved for a detention order under 18 U.S.C. § 3142(f) (1) (C), after a hearing that same day, the district court granted the motion. On June 6, Markham moved to vacate the dentention order. After an additional hearing on June 11, the court reaffirmed the findings of fact it had made at the May 23 hearing, and denied the motion. Markham now appeals from that denial.

The district court found two separate and independent grounds for continued detention. The first was that no condition or combination of conditions could reasonably assure Markham's appearance throughout the trial. The second was that Markham's release could endanger another person or the community. Having examined the record and the briefs of the parties, we find no error in the district court's findings of fact or in its conclusions of law. We therefore AFFIRM the district court's denial of Markham's motion to vacate the dentention order.

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