USA v. Malory et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
U NITED S TATES OF AMERICA,
Plaintiff,
v.
KENNETH DUANE M ALORY , II ,
Defendant.
________________________________/
Hon. Phillip J. Green
Case No. 1:25-mj-00568
ORDER OF DETENTION
This matter is before the Court on the government’s motion for pretrial
detention. 	Defendant has been charged by Criminal Complaint. 	The Criminal
Complaint charges defendant with felon in possession of a firearm and ammunition,
in violation of 18 U.S.C. § 922(g)(1).
The government sought defendant’s detention on the basis that he is a danger
to the community, 18 U.S.C. § 1342(f)(1), and that he poses a risk of non-appearance,
18 U.S.C. § 3142(f)(2)(A). The Court conducted a hearing on November 12, 2025, at
which defendant was represented by counsel.
Having considered the information presented at the hearing, the parties’ oral
submissions, and the information in the Pretrial Services Report, and for the reasons
stated on the record, the Court finds that the government has not met its burden
regarding risk of non-appearance.
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The Court also finds, as explained on the record, that the government has
sustained its burden by clear and convincing evidence that he is a danger to the
community. Further, the Court finds that there are no conditions or a combination
of conditions of release, to which defendant is willing to comply, that will ensure the
safety of the community. 	Accordingly,
IT IS ORDERED that defendant is committed to the custody of the Attorney
General pending trial.
DONE AND ORDERED on November 12, 2025.
/s/ Phillip J. Green
PHILLIP J. GREEN
United States Magistrate Judge
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