Moore

Defendant Milton (aka Micky) Moore was indicted on December 20, 1984 for two violations of 21 U.S.C. § 841 (a)(1) (possession with intent to distribute heroin and cocaine) and a violation of 26 U.S.C. §§ 5861 (c) and (d) (possession of a silencer). The government moved for a detention hearing pursuant to § 3142 of the newly enacted Bail Reform Act of 1984 (“BRA”), 18 U.S.C. §§ 3141-3151 .

A detention hearing was held before a magistrate of this court on December 26, 1984. Based on the information presented at the detention hearing the magistrate concluded that the government had established probable cause to believe Moore violated 21 U.S.C. § 841 (a)(1), thereby establishing a rebuttable presumption that defendant should be detained without bail prior to trial as a flight risk and a danger to the community. BRA § 3142(e). He construed the presumption as placing the burden of persuasion on defendant to show by a preponderance of the evidence that the congressional determination is inapplicable in this case. He further ruled that the “clear and convincing evidence” requirement of § 3142(f) did not apply when the presumption was in force. See Magistrate’s Order at 7-8. The…