Unpublished Dispositionunited States of America, Plaintiff-appellee, v. Thomas Edward Hatcher, Defendant-appellant, 863 F.2d 50 (6th Cir. 1988)

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US Court of Appeals for the Sixth Circuit - 863 F.2d 50 (6th Cir. 1988) Nov. 18, 1988

Before LIVELY and WELLFORD, Circuit Judges, and JOHN W. PECK, Senior Circuit Judge.


ORDER

Defendant appeals from the district court's order which denied his application for bail pending trial on charges of conspiracy to distribute and to possess with the intent to distribute cocaine (21 U.S.C. § 821(a) (1) and 846), use of a communications facility to facilitate the violation of a federal narcotics statute (21 U.S.C. § 843(b)), use of a firearm during the commission of a drug trafficking offense (18 U.S.C. § 924(c) (1)) and possession of unregistered firearms (21 U.S.C. §§ 5861(d) and 5871). The government has filed a brief in opposition to release pending trial. The court has been advised that defendant's trial is to occur on November 28, 1988.

We conclude that defendant has not overcome the presumption in favor of detention set forth in 18 U.S.C. § 3142(e), and he has not established that the facts upon which the district court relied in finding that no condition or combination of conditions will reasonably assure the appearance of the defendant or the safety of the community are clearly erroneous. U.S. v. Hazime, 762 F.2d 34 (6th Cir. 1985).

Accordingly, the judgment of the district court is affirmed.