F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
SEP 4 1998
FOR THE TENTH CIRCUIT
PATRICK FISHER
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v. No. 98-3204
(D.C. No. 98-CR-40068-2)
MICHAEL KEITH HUFFMAN, (D. Kan.)
Defendant-Appellant.
ORDER AND JUDGMENT *
Before BRORBY, LUCERO, and MURPHY, Circuit Judges.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of
this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore
ordered submitted without oral argument.
*
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
Defendant Michael Keith Huffman appeals the district court’s order
directing that he not be released on bond prior to trial. We affirm.
We review de novo the district court’s determination of mixed questions of
law and fact concerning the detention decision, while accepting its findings of
historical fact in support of the decision, unless they are clearly erroneous. See
United States v. Kinslow, 105 F.3d 555, 557 (10th Cir. 1997).
Detention of a defendant pending trial is governed by 18 U.S.C. § 3142.
The district court found that a serious risk existed that the defendant might flee
prior to trial. It also found that no condition or combination of conditions would
reasonably assure defendant ’s appearance at trial and that defendant posed a risk
to the safety of the community if he were released pending trial.
In determining whether any condition or combination of conditions would
reasonably assure defendant’s appearance and the safety of the community, the
court must consider the factors contained in § 3142(g). Having reviewed the
record, we conclude that the district court correctly determined that these factors
weigh decisively against defendant.
Defendant is charged with four counts involving the manufacture and
distribution of methamphetamine. The evidence concerning his participation in
these offenses is strong and includes his admission that he was involved to some
extent in these offenses. Defendant also has a history of probation violation, an
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arrest for trafficking contraband into a correctional facility, attempted escape, and
has two outstanding warrants in Oregon and Washington state. He has absconded
from court supervision. D efendant had been planning to move to California prior
to issuance of the indictment. Further, his fiancee, who said she would be
responsible for his continuing presence, testified that she was unaware he was
engaging in the charged illegal activities in her house.
Based on our review of the briefs on appeal and defendant ’s appendix, we
conclude that the district court’s factual findings underlying its detention order
are not clearly erroneous. The district court did not err in finding that defendant
posed a serious risk of fleeing and that no condition or combination of conditions
would reasonably assure his appearance if he were released. Accordingly, the
order of the United States District Court for the District of Kansas detaining
defendant pending trial is AFFIRMED.
ENTERED FOR THE COURT
PER CURIAM
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