Opinion
CRIMINAL NO. 3:07cr00005-W.
November 7, 2007
ORDER
THIS MATTER is before the Court on Defendant's "Motion for Bond" (Doc. No. 11), filed August 8, 2007. On July 13, 2007, Defendant pleaded guilty to the one-count bill of indictment, which charged Defendant with robbery by means of actual and threatened force, violence and fear of injury in that Defendant used a knife to stab the victim during the commission of the robbery. Magistrate Judge Carl Horn III accepted Defendant's straight-up guilty plea on that same day. Under the Bail Reform Act of 1984, Defendant must be detained because he has been found guilty of a "crime of violence" and is awaiting imposition of a sentence. See 18 U.S.C. §§ 3145(c), 3143(a)(2), 3142(f)(1)(A);United States v. Moffitt, 2006 WL 3240752 (W.D.N.C., November 7, 2006) (holding that a guilty plea that is accepted by a magistrate judge qualifies as being "found guilty" under the terms of § 3143). Accordingly, Defendant's motion is DENIED
IT IS, THEREFORE, ORDERED that Defendant's Motion for Bond (Doc. No. 11) is DENIED.