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Thursday, 22 December 2016 17:46

Belfield remanded to U.S. Marshal custody

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Michael Rakim Belfield was remanded to the custody of United States Marshals following his detention hearing in Raleigh today.

Belfield was indicted last week on three federal counts stemming from his arrest last year on Dickens Avenue following a raid in which City County Drug Task Force agents seized 36 bindles of heroin.
The three-count indictment charges in the first count Belfield, on April 16 of last year, having already been convicted of a crime punishable by a prison term of more than one year, knowingly possessed a firearm in violation of United States Code.
The second count charges that on the same date in April he knowingly and intentionally possessed cocaine with the intent to distribute while in the third count he possessed a firearm in the furtherance of a drug trafficking crime.
Belfield was ordered to remain in federal detention until his custody hearing in Raleigh today. An arraignment date has not yet been set, according to federal court records.
A minute entry for the proceedings held before Magistrate Judge Robert T. Numbers II notes the United States assistant attorney along with Belfield and his attorney were present and oral arguments were made.
After a recess, the court granted the government’s motion for detention.
In considering detention for Belfield, Numbers ruled there is a rebuttable presumption that no condition or combination of conditions will reasonably assure the appearance of the defendant as required and the safety of the community because there is probable cause to believe that the defendant committed one or more offenses for which a maximum term of imprisonment of 10 years or more is prescribed in the Controlled Substances Act.

Numbers, in weighing custody, also considered the following factors:

By clear and convincing evidence that no condition or combination of conditions of release will reasonably assure the safety of any other person and the community

Weight of evidence against the defendant is strong

Subject to lengthy period of incarceration if convicted

Prior criminal history

Participation in criminal activity while on probation, parole, or supervision

History of violence or use of weapons

History of alcohol or substance abuse

Lack of stable employment

Prior violations of probation, parole, or supervised release

 

 

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