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10/08/87 United States of America v. Steve U. Fafowara

October 8, 1987

UNITED STATES OF AMERICA

v.

STEVE U. FAFOWARA, APPELLANT 1987.CDC.437 DATE FILED: OCTOBER 8, 1987



UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Rules of the District of Columbia Circuit Court of Appeals may limit citation of unpublished opinions. Please refer to the Rules of the United States Court of Appeals for this Circuit. [Editor's note: as a Table Case, this opinion has limited precedential value]

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, Mag. 87-00561M-01.

MEMORANDUM

Appellant Steve U. Fafowara is before this court on an expedited appeal from a pretrial detention order issued by the magistrate and upheld upon de novo review by the district court. For the following reasons, we affirm the district court's decision to deny Fafowara bail and to hold him in custody pending trial.

The magistrate and the district court properly concluded that probable cause existed that Fafowara engaged in a conspiracy to distribute heroin in violation of 21 U.S.C. § 846, and as a result, there was a presumption that no conditions of release would ensure the safety of the community or his appearance at trial if released. See 18 U.S.C. 3142(e); United States v. Alatishe, 768 F.2d 364 (D.C. Cir. 1985). Testimony of Drug Enforcement Agent Barry Jamison indicated that Fafowara was the head of the conspiracy. Additionally, Jamison testified that Fafowara communicated with a source in Pakistan and actively participated in negotiating the purchase of heroin from the undercover agents. Even in the absence of the statutory presumption, there is sufficient evidence to detain Fafowara on the grounds of dangerousness and risk of flight. The crime for which Fafowara is charged is defined by Congress as a "dangerous federal offense." See S. Rep. No. 225, 98th Cong., 1st Sess. 20 (1983); United States v. Jessup, 757 F.2d 378, 387 (1st Cir. 1985). Furthermore, Fafowara's failure previously to appear for trial in connection with the 1981 arrest, combined with the seizure of several false identification cards in his possession upon arrest in the instant case, frequent trips outside of the country, and the absence of ties to the D.C. community, support the conclusion that no condition or combination of conditions would ensure his appearance at trial. Accordingly, the decision of the district court upholding the magistrate's pretrial detention of Fafowara is affirmed.

JUDGMENT

This case was considered on the record on appeal from the United States District Court for the District of Columbia and on the memoranda filed by the parties. The court has determined that the issues presented occasion no need for a published opinion. See D.C. Cir. Rule 14(c). For the reasons set forth in the accompanying memorandum, it is

ORDERED and ADJUDGED by the court that the district court's order and memorandum of July 23, 1987 be affirmed.

PER CURIAM DECISION

19871008

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