Appellate Case: 25-6173 Document: 15-1 Date Filed: 12/12/2025 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT December 12, 2025 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 25-6173 (D.C. No. 5:25-MJ-00613-CMS-1) XZAVIER BRANDNELIUS SAMILTON, (W.D. Okla.) Defendant - Appellant. _________________________________
ORDER AND JUDGMENT * _________________________________
Before HOLMES, Chief Judge, MATHESON, and CARSON, Circuit Judges. _________________________________
Xzavier Brandnelius Samilton appeals the district court’s pretrial detention
order. Exercising jurisdiction under 18 U.S.C. § 3145(c) and 28 U.S.C. § 1291, we
affirm.
BACKGROUND
Samilton was arrested and charged with being a prohibited person (drug user)
in possession of a firearm, in violation of 18 U.S.C. § 922(g)(3). The probation
After examining the briefs and appellate record, this panel has determined *
unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. Appellate Case: 25-6173 Document: 15-1 Date Filed: 12/12/2025 Page: 2
office filed a pretrial services report recommending that he be detained pending trial.
A magistrate judge held a detention hearing and ordered that Samilton be released
under conditions, including home confinement and GPS location monitoring. The
government appealed. The district court reviewed the release issue de novo,
considered the audio recording of the detention hearing, reversed the magistrate
judge’s order, and ordered that Samilton be detained pending trial. The district court
found that the government had carried its burden of proving that Samilton’s release
posed a danger to the community and that no conditions could reasonably ensure the
community’s safety.
At the detention hearing, the government called Detective Autumn Sheets as a
witness. She testified that Oklahoma City Police Department officers responded to a
disturbance call on September 25, 2025. Multiple people had called reporting that
they believed they were hearing gunshots or fireworks. Officers who responded to
the scene stopped a vehicle in which Samilton was a front-seat passenger. There was
a strong odor of marijuana coming from inside the vehicle.
Samilton admitted he had been shooting off fireworks and had smoked
marijuana just prior to the traffic stop. When the officers searched his person, they
found a pill bottle containing pills—which Samilton later admitted were Percocets he
had purchased “off the street,” Aplt. App., vol. I at 65—and a small amount of
marijuana. The officers also searched the vehicle, where they found a firearm
underneath the front passenger seat. Samilton admitted the firearm belonged to him.
2 Appellate Case: 25-6173 Document: 15-1 Date Filed: 12/12/2025 Page: 3
During a later jail interview, Samilton admitted to smoking marijuana multiple times
a day as well as using Percocet. He stated he spends all his money on marijuana.
Detective Sheets also described Samilton’s close ties to a gang known as the
Shotgun Crips. She explained that the gang has experienced an internal feud since
2004 (before Samilton was born) involving shootings and murders, in which
Samilton’s family has been implicated. Among other things, the feud appears to have
led to a shooting at a parking garage in 2023 in which Samilton was allegedly
involved. Samilton was initially arrested and charged for this shooting, along with
another suspect, but the charges were later dismissed due to “witness issues.” Id. at
75.
Detective Sheets testified that Samilton is also a person of interest for a
homicide that occurred in October 2025. His phone records and other evidence
showed that he was potentially the driver in the homicide. Detective Sheets stated
Samilton has multiple prior or pending cases involving guns and characterized him as
“a danger to the community,” id. at 84, due to his possession of firearms and drug use
as well as his criminal history.
The pretrial services report stated that Samilton works part time at Dollar Tree,
is a daily marijuana user and used Percocet about once a month. He is in good
health, is a lifelong resident of the Oklahoma City area, graduated from high school
in 2023, and has an 11-month-old child that resides with the child’s mother but whom
Samilton sees every weekend. The report described his prior record, which included
3 Appellate Case: 25-6173 Document: 15-1 Date Filed: 12/12/2025 Page: 4
several incidents involving firearms. Notably, it included charges brought against
him in 2025 for carrying or possessing firearms by an adjudicated delinquent after he
allegedly returned fire on a subject who shot at him, and then Samilton picked up the
spent shell casings.
DISCUSSION
A. Legal Standards
Pre-trial release is governed by the Bail Reform Act, 18 U.S.C. § 3142. The
key factors are risk of flight and potential danger to the community or any other
person. See id. § 3142(e)(1). Although the government cited both factors here, it
relied primarily on danger to the community. The district court based its order on
that factor.
The government has the burden of proof at pre-trial detention hearings. See
United States v. Cisneros, 328 F.3d 610, 616 (10th Cir. 2003). As pertinent here, the
government was required to prove by clear and convincing evidence that Samilton
poses a continuing risk to the community, see id., and “that no condition or
combination of conditions will reasonably assure . . . the safety of any other person
and the community” if he were released. § 3142(e)(1). The Act directs district
courts to consider the following factors in deciding whether the safety of the
community can be assured if the defendant is released: (1) the nature and
circumstances of the charged offense, including whether the offenses involve a minor
victim; (2) the weight of the evidence; (3) the defendant’s history and characteristics;
4 Appellate Case: 25-6173 Document: 15-1 Date Filed: 12/12/2025 Page: 5
and (4) the nature and seriousness of the danger that would be posed by the
defendant’s release. Id. § 3142(g).
We review the district court’s pretrial detention decision de novo because it
presents mixed questions of law and fact. See Cisneros, 328 F.3d at 613. But we
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Appellate Case: 25-6173 Document: 15-1 Date Filed: 12/12/2025 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT December 12, 2025 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 25-6173 (D.C. No. 5:25-MJ-00613-CMS-1) XZAVIER BRANDNELIUS SAMILTON, (W.D. Okla.) Defendant - Appellant. _________________________________
ORDER AND JUDGMENT * _________________________________
Before HOLMES, Chief Judge, MATHESON, and CARSON, Circuit Judges. _________________________________
Xzavier Brandnelius Samilton appeals the district court’s pretrial detention
order. Exercising jurisdiction under 18 U.S.C. § 3145(c) and 28 U.S.C. § 1291, we
affirm.
BACKGROUND
Samilton was arrested and charged with being a prohibited person (drug user)
in possession of a firearm, in violation of 18 U.S.C. § 922(g)(3). The probation
After examining the briefs and appellate record, this panel has determined *
unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. Appellate Case: 25-6173 Document: 15-1 Date Filed: 12/12/2025 Page: 2
office filed a pretrial services report recommending that he be detained pending trial.
A magistrate judge held a detention hearing and ordered that Samilton be released
under conditions, including home confinement and GPS location monitoring. The
government appealed. The district court reviewed the release issue de novo,
considered the audio recording of the detention hearing, reversed the magistrate
judge’s order, and ordered that Samilton be detained pending trial. The district court
found that the government had carried its burden of proving that Samilton’s release
posed a danger to the community and that no conditions could reasonably ensure the
community’s safety.
At the detention hearing, the government called Detective Autumn Sheets as a
witness. She testified that Oklahoma City Police Department officers responded to a
disturbance call on September 25, 2025. Multiple people had called reporting that
they believed they were hearing gunshots or fireworks. Officers who responded to
the scene stopped a vehicle in which Samilton was a front-seat passenger. There was
a strong odor of marijuana coming from inside the vehicle.
Samilton admitted he had been shooting off fireworks and had smoked
marijuana just prior to the traffic stop. When the officers searched his person, they
found a pill bottle containing pills—which Samilton later admitted were Percocets he
had purchased “off the street,” Aplt. App., vol. I at 65—and a small amount of
marijuana. The officers also searched the vehicle, where they found a firearm
underneath the front passenger seat. Samilton admitted the firearm belonged to him.
2 Appellate Case: 25-6173 Document: 15-1 Date Filed: 12/12/2025 Page: 3
During a later jail interview, Samilton admitted to smoking marijuana multiple times
a day as well as using Percocet. He stated he spends all his money on marijuana.
Detective Sheets also described Samilton’s close ties to a gang known as the
Shotgun Crips. She explained that the gang has experienced an internal feud since
2004 (before Samilton was born) involving shootings and murders, in which
Samilton’s family has been implicated. Among other things, the feud appears to have
led to a shooting at a parking garage in 2023 in which Samilton was allegedly
involved. Samilton was initially arrested and charged for this shooting, along with
another suspect, but the charges were later dismissed due to “witness issues.” Id. at
75.
Detective Sheets testified that Samilton is also a person of interest for a
homicide that occurred in October 2025. His phone records and other evidence
showed that he was potentially the driver in the homicide. Detective Sheets stated
Samilton has multiple prior or pending cases involving guns and characterized him as
“a danger to the community,” id. at 84, due to his possession of firearms and drug use
as well as his criminal history.
The pretrial services report stated that Samilton works part time at Dollar Tree,
is a daily marijuana user and used Percocet about once a month. He is in good
health, is a lifelong resident of the Oklahoma City area, graduated from high school
in 2023, and has an 11-month-old child that resides with the child’s mother but whom
Samilton sees every weekend. The report described his prior record, which included
3 Appellate Case: 25-6173 Document: 15-1 Date Filed: 12/12/2025 Page: 4
several incidents involving firearms. Notably, it included charges brought against
him in 2025 for carrying or possessing firearms by an adjudicated delinquent after he
allegedly returned fire on a subject who shot at him, and then Samilton picked up the
spent shell casings.
DISCUSSION
A. Legal Standards
Pre-trial release is governed by the Bail Reform Act, 18 U.S.C. § 3142. The
key factors are risk of flight and potential danger to the community or any other
person. See id. § 3142(e)(1). Although the government cited both factors here, it
relied primarily on danger to the community. The district court based its order on
that factor.
The government has the burden of proof at pre-trial detention hearings. See
United States v. Cisneros, 328 F.3d 610, 616 (10th Cir. 2003). As pertinent here, the
government was required to prove by clear and convincing evidence that Samilton
poses a continuing risk to the community, see id., and “that no condition or
combination of conditions will reasonably assure . . . the safety of any other person
and the community” if he were released. § 3142(e)(1). The Act directs district
courts to consider the following factors in deciding whether the safety of the
community can be assured if the defendant is released: (1) the nature and
circumstances of the charged offense, including whether the offenses involve a minor
victim; (2) the weight of the evidence; (3) the defendant’s history and characteristics;
4 Appellate Case: 25-6173 Document: 15-1 Date Filed: 12/12/2025 Page: 5
and (4) the nature and seriousness of the danger that would be posed by the
defendant’s release. Id. § 3142(g).
We review the district court’s pretrial detention decision de novo because it
presents mixed questions of law and fact. See Cisneros, 328 F.3d at 613. But we
review the underlying findings of fact for clear error. See id. “A finding is clearly
erroneous when, although there is evidence to support it, the reviewing court, on
review of the entire record, is left with the definite and firm conviction that a mistake
has been committed.” United States v. Gilgert, 314 F.3d 506, 515 (10th Cir. 2002)
(brackets and internal quotation marks omitted). “On clear error review, our role is
not to re-weigh the evidence; rather, our review of the district court’s finding is
significantly deferential.” Id. at 515-16 (internal quotation marks omitted).
B. Analysis
1. § 3142(g) Factors
The district court found that all four § 3142(g) factors weighed in favor of
detention. It concluded that the government had carried its burden of proving that
Samilton’s release posed a danger to the community and that no condition could
reasonably ensure the community’s safety. The court observed that Samilton “was
arrested on a firearm violation after having been found with a loaded firearm under
his seat, and drugs in his possession, while serving a deferred state-court sentence
involving a stolen vehicle and on-foot police chase.” Aplt. App., vol I at 52. It
further noted that the record suggested that Samilton admitted the gun and drugs
5 Appellate Case: 25-6173 Document: 15-1 Date Filed: 12/12/2025 Page: 6
belonged to him. It therefore concluded that “the first two factors [nature and
circumstances of the charged offense and weight of the evidence] weigh in favor of
detention.” Id.
We agree that these factors favor detention. Possession of a firearm by a drug
user is a serious offense that involves firearms and controlled substances. And
Samilton was not only found with a loaded firearm under his seat and drugs in his
possession; he admitted the gun and drugs belonged to him. The presentence report
further indicates that Samilton uses marijuana on a daily basis.
The district court then observed that this was neither Samilton’s first
firearm-related offense, nor his most severe. It listed the three firearms-related
offenses from 2023 and 2025 in which Samilton was implicated, and also stated that
although he denied it, “there is ample evidence that [Samilton] and at least some
family members are gang affiliated.” Id. Thus, it found, the last two factors [history
and characteristics of the defendant, and nature and seriousness of danger he poses to
the community if released] also weighed in favor of detention.
These factors also favor detention. Although the evidence showed Samilton
has strong community and family ties, it also indicated that at least some of his
family members have a gang affiliation. A significant number of his prior alleged
offenses involving firearms appear to be gang related. His prior record includes
multiple violent incidents involving firearms, which pose a clear danger to the
community.
6 Appellate Case: 25-6173 Document: 15-1 Date Filed: 12/12/2025 Page: 7
2. Sufficiency of Findings Concerning Release Conditions
Samilton contends the district court erred by failing to specifically discuss
whether release conditions could be fashioned to ensure the safety of the community.
He also contends the district court should have explained why the conditions the
magistrate judge imposed were insufficient to ensure community safety.
To begin with, on appeal from a magistrate judge’s release decision, the
district court is not required to discuss the magistrate judge’s findings concerning
release conditions or to accord them any presumptive weight. Instead, the district
court reviews the matter de novo. See Cisneros, 328 F.3d at 616 n.1. The district
court therefore did not err by failing to discuss the conditions the magistrate judge
had imposed.
More generally, the district court was not required to specifically discuss
Samilton’s proposed conditions, or to explain why a set of particular conditions could
not be fashioned to mitigate his dangerousness to the community. A detention order
must “include written findings of fact and a written statement of the reasons for the
detention.” § 3142(i)(I); see also Fed. R. App. P. 9(a)(1) (“The district court must
state in writing, or orally on the record, the reasons for an order regarding the release
or detention of a defendant in a criminal case.”). Here, the district court made
relevant factual findings, considered the required factors, and explained why no
release conditions or combination of conditions could reasonably assure community
7 Appellate Case: 25-6173 Document: 15-1 Date Filed: 12/12/2025 Page: 8
safety. Though its analysis was brief, it articulated these reasons with sufficient
clarity to permit our appellate review. The statute does not require more.
3. Discussion of Evidence Favorable to Samilton
Samilton also argues that in addressing the § 3142(g) factors, the district court
did not adequately address evidence or factors that favored his release on conditions.
He contends there was no evidence he is presently a dangerous man or that he is a
threat to any person or the community. He argues his past history was nonviolent
and the district court overstated that history, particularly given that his only prior
conviction involved a deferred sentence for nonviolent unauthorized use of a vehicle.
He claims the district court failed to identify the nature and seriousness of the danger
he poses to the community, and he notes that the current charge involves a
non-violent offense.
The district court adequately addressed the issues of Samilton’s dangerousness
and prior criminal history. When making pretrial detention decisions, courts are not
restricted to considering only actions resulting in convictions. See § 3142(g)(3)(A)
(instructing courts to consider the defendant’s “past conduct” and “criminal history”).
The danger to the community is evident from the district court’s decision, which
discusses Samilton’s history of drug use, possession and use of firearms, and gang
affiliation.
8 Appellate Case: 25-6173 Document: 15-1 Date Filed: 12/12/2025 Page: 9
CONCLUSION
On de novo review, we agree with the district court’s adequately supported
findings and conclusion that there are no conditions that would assure the safety of
any person or the community. Considering the available information, the statutory
factors favor detention. Accordingly, the district court’s detention order is affirmed.
Entered for the Court
Per Curiam