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U.S. v. FARGUSON

Crim. No. CR3-89-286-D.

721 F.Supp. 128 (1989)

UNITED STATES of America, Plaintiff, v. Gary Earl FARGUSON, Defendant.

United States District Court, N.D. Texas, Dallas Division.

October 2, 1989.

Attorney(s) appearing for the Case

Paul Macaluso, Asst. U.S. Atty., Dallas, Tex., for plaintiff.

Irwin Lightstone of Law Offices of Irwin Lightstone, Dallas, Tex., for defendant.

MEMORANDUM OPINION AND ORDER

FITZWATER, District Judge.

This appeal from an order of the magistrate detaining an armed robbery suspect without bond presents the question whether the presumption of 18 U.S.C. § 3142(e) against pretrial release applies when a violation of 18 U.S.C. § 924(c) is not charged in the indictment. The court concludes the § 924(c) violation need not be charged and that the presumption against release arises in this case...

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