United States v. Aguirre
2:09-cr-00939 | C.D. Cal. | Dec 21, 2009
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Case 2:09-Cr-00939-GW Document 841 Filed 12/21/09 Page 1 of 4 Page |D #:2446
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UNITED STATES’ OF AMERICA,
309
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Q!~.EB.K,.!J.,$:rDi§lR.lf»_.T_.GQUBl
DEC 2 l 2009
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BY y 1)1§P11111
' UNITED STATES DISTRICT COURT
:CENTRAL DISTRICT OF CALIFORNIA
Plainriff, CAsE Nqo. @W
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ORDER OF DETENTION
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Defendant.
U. S. C § 2250.
B.Q) On motion by the Government / ( ) on Court’s own motion, in a case
I.
On motion of the Government in a case allegedly involving:
l. a crime of violence. '
2. ( ) ang offense With maximum sentence of life imprisonment or death.
?>.v ( ) a narcotics or controlled substance offense vvith maximum sentence
k of ten or more years .
4. § any felony - vvhere the defendant has been convicted of two or more
prior offenses described above.
5. ( ) any felony that is not otherwise a crime of violence that involves a
minor victim, or possession or use of a firearm or destructive device
or any other dangerous Weapon, or a failure to register under 18
CR-94 (06/07) ' ` Page l of 4
ORDER OF DETENT[ON AFI`ER HEAR!NG (18 U.S.C. §3142(i))
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` C. the history and characteristics of the defendant; and
Case 2:09-cr-00939-GW Document 841 Filed 12/21/09 Page 2 of 4 Page |D #:2447
allegedly involving:
( ) On the further allegation by the Government of:
l. ( ) a serious risk that the defendant Will flee.
`2. ( ) a serious risk that the defendant Will:
1 a. ( ) obstruct or attempt to obstruct justice
b. ( ) threaten, injure, or intimidate a prospective Witness or juror or
_ attempt to do so.
C. `The Government ( ) is/ is not entitled to a rebuttable presumption that no
condition or combination of conditions Will reasonably assure the defendant’s
appearance as required and the safety of any person or the community.
ll
A.@ The Court finds that no condition or combination of conditions Will
easonably assures -
l. (Q_lhe appearance of the defendant as required.
( and/or ' .
2. the safety"of any person or the `community.
lB. ( ) The Court finds that the defendant has not rebutted by sufficient
evidence to the contrary the presumption provided by statute.
III.
The Court has considered:
A. the nature and circumstances of the offense(s) charged, including Whether the
offense is a crime ofviolence, a Federal crime of terrorism, or involves aminor
victim or a controlled substance, firearm, explosive, or destructive device;
B. the Weight of evidence against the defendant;
D. the nature and seriousness of the danger to-any person or to the community. _
CR~94 (06/07)
ORDER OF DETENTION AFTER HEARING (18 U.S.C. §3142(i))
Page 2 of 4
Case 2:09-cr-00939-GW Document 841 Filed 12/21/09 - Page 3 of 4 Page |D #:2448
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IV.
The Court also has considered all the evidence adduced at the hearing and the
arguments and/or statements of counsel, and the Pretrial Services j
Report/recommendation.
V.
The Court bases the foregoing finding(s) on the following:
A._ ( ) AS to flight risk:
B. ( ) As to danger:
VI.
A. ( ) The Court finds that a serious risk exists that the defendant Will:
l. ( ) obstruct or attempt to obstruct justice
2. ( ) attempt to/ ( ) threaten, injure or intimidate a Witness or juror.
ORDER OF DETENT[ON AF|`ER HEARING (18 U.S.C. §3142(1))
CR~94 (06/07) v Page 3 of 4
Case _2:O.C-cr-00939-GW Document 841 Filed 12/21/09 Page 4 of 4 Page |D #:2449
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B. The Court bases the foregoing finding(s) on the following:
VII.
A. IT IS THEREFORE ORDERED that the defendant'be detained prior to trial.
. IT IS FURTHER ORDERED that the defendant be committed to the custody
of the Attorney Gene_ral for confinement in a corrections facility separate, to
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the extent practicable, from persons awaiting or serving sentences or being
held in custody pending appeal.
C. IT IS FURTHER ORDERED that the defendant be afforded reasonable
opportunity for private consultation with counsel.
D. IT IS FURTHER ORDERED that, on order of a Court of the United States
or on request of any attorney for the Government, the person in charge of the
corrections facility in which the defendant is confined deliver the defendant
to a United States marshal for the purpose of an appearance in connection
with a court proceeding.'
DATED:' \L€Yii@fi
~ ORDER OF DETENTION AFTER HEARlNG (18 U.S.C. §3142(1))
CR-94 (06/07) Page 4 of 4