UNITED STATES DISTRICT COURT

________________ DISTRICT OF TEXAS

________________  DIVISION

UNITED STATES OF AMERICA	      	§
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V.						§	CAUSE NO. __________________
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__________________  		            §

DEFENDANT’S SUPPLEMENTAL MOTION FOR AN EXPEDITED BOND HEARING

TO THE HONORABLE ________________, UNITED STATES DISTRICT JUDGE FOR THE ______________ DISTRICT OF TEXAS:

	NOW COMES  Defendant ____________, through his attorney, ________________pursuant to 18 U.S.C. §§ 3142 and 3145(b), and respectfully requests that this Court set an expedited hearing in order to review the detention order entered by Magistrate Judge ___________ and set reasonable conditions of release pending trial.  As grounds for his Motion, ____________________ respectfully shows this Court the following facts and circumstances:
Procedural History
	____________________ stands charged by indictment with possession of child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B).   On (date), a detention hearing was held by Magistrate Judge _________________ and on (date) an order was issued denying ____________________ bond pending trial, based on the court’s finding that ____________________ is a danger to the community.  ____________________ filed an appeal of that Order on (date), in which he requested a new detention hearing. He now files this supplemental motion to ask the Court to set an expedited hearing and to allow for the presentation of new evidence.
Legal Argument and Supporting Facts

	Title 18 U.S.C. § 3145(b) provides for prompt review by the District Court of a detention order issued by a Magistrate Judge.  In reviewing such an order, the Court gives no deference to the Magistrate Judge's factual findings, but reviews them de novo.  See United States v. Rueben, 974 F.2d 580, 585 (5th Cir.1992).  The Court must make an independent determination of the proper pretrial detention or conditions of release. Id.  In order for the Government to show that the defendant should be detained without bond, it must prove by clear and convincing evidence that no condition or combination of conditions will reasonably assure the safety of any other person and the community.  See 18 U.S.C.§ 3142(f)(2).  Clear and convincing evidence has been defined as “evidence which ‘produces in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established, evidence so clear, direct and weighty and convincing as to enable [the factfinder] to come to a clear conviction, without hesitancy, of the truth of the precise facts in issue.’”  Cruzan ex rel Cruzan v. Director, Mo. Dept. of Health, 497 U.S. 261, 285 n.11 (1990) (internal citations omitted);  see also Travelhost, Inc. v. Blandford, 68 F.3d 958, 961 (5th Cir.1995).   The Government has not met that burden in this case.
	____________________ respectfully submits that, pursuant to 18 U.S.C. § 3145(b), he is entitled to an expedited review of the Magistrate’s detention order.  He seeks release on bond so that he may maintain his employment and continue to (specify individualized details).  ____________________ has been employed for approximately 15 years at ______________________, a company specializing in interior work for commercial construction.    ____________________ has expressed to counsel his willingness to abide by any release conditions that the Court might impose that would allow for him to continue working and supporting his family.  For this reason, he  respectfully requests an expedited hearing so that the Court may consider the evidence presented at the March 27th detention hearing as well as new evidence to be presented by ____________________.
PRAYER
	WHEREFOR, premises considered, Defendant respectfully requests that this Honorable Court set an expedited bond hearing and thereafter impose reasonable conditions of pretrial release and set bond accordingly for Defendant.
						Respectfully submitted.

						__________________________________
					Name
						State Bar No.
						Address
						City, State, Zip
						Telephone
						Fax
	`					Attorney for Defendant

CERTIFICATE OF SERVICE

	I certify that I served a copy of the foregoing Defendant's Motion to Set Bond on the United States Attorney for the ____________ District of Texas (Attn: Assistant U.S. Attorney _____________________), by mailing it to his office at United States Attorney’s Office, ________________, on _____________________________. 			

						______________________________________ 
						Attorney for Defendant