USA v. Flores, No. 22-40448 (5th Cir. 2022)
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Defendant challenged the district court's order that he remain detained pending trial for federal narcotics and weapons charges. Defendant conceded that there was a rebuttable presumption that no condition or combination of conditions will reasonably assure his appearance at trial and the safety of the community.
Applying the factors set forth in sec. 3142, the Fifth Circuit affirmed. Primarily, the court considered the first and fourth factors, which included the amount of drugs in question and the risk of future dangerousness. The court held that the third factor, related to whether Defendant was a flight risk, was unnecessary to support the district court's determination.
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