United States v. Armeanca

2:11-cr-00016 | W.D. Wash. | Jan 12, 2011

Case 2:11-cr-00016-RSL Document 24 Filed 01/12/11 Page 1 of 3 01 02 03 04 05 06 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 07 AT SEATTLE 08 UNITED STATES OF AMERICA, ) ) CASE NO. MJ 10-547 09 Plaintiff, ) ) 10 v. ) ) DETENTION ORDER 11 DAN PETRI, ) ) 12 Defendant. ) ____________________________________ ) 13 14 Offense charged: Possession of Counterfeit or Unauthorized Access Devices 15 Date of Detention Hearing: January 11, 2011 16 The Court, having conducted a detention hearing pursuant to 18 U.S.C. § 3142(f), and 17 based upon the factual findings and statement of reasons for detention hereafter set forth, finds 18 that no condition or combination of conditions which defendant can meet will reasonably assure 19 the appearance of defendant as required and the safety of other persons and the community. 20 FINDINGS OF FACT AND STATEMENT OF REASONS FOR DETENTION 21 (1) Defendant is a citizen and national of Romania. The United States alleges that he 22 lacks legal status in the United States and, therefore, is in this country illegally. An immigration DETENTION ORDER PAGE 1 Case 2:11-cr-00016-RSL Document 24 Filed 01/12/11 Page 2 of 3 01 detainer has been placed on defendant by the Bureau of Immigration and Customs Enforcement. 02 (2) Defendant has strong family ties to Romania, and none to either Canada or the 03 United States. His financial information in unverified. His verification sources provided 04 somewhat contradictory information. 05 (3) Defendant poses a risk of nonappearance due to his immigration status, and the 06 lack of verification of his financial information, plus lack of ties to this country. If released, he 07 would be taken into immigration custody and possibly deported. He poses a risk of danger due 08 to the nature and circumstances of the instant offense. 09 (4) There does not appear to be any condition or combination of conditions that will 10 reasonably assure the defendant’s appearance at future Court hearings while addressing the 11 danger to other persons or the community. 12 It is therefore ORDERED: 13 (1) Defendant shall be detained pending trial and committed to the custody of the 14 Attorney General for confinement in a correction facility separate, to the extent 15 practicable, from persons awaiting or serving sentences or being held in custody 16 pending appeal; 17 (2) Defendant shall be afforded reasonable opportunity for private consultation with 18 counsel; 19 (3) On order of a court of the United States or on request of an attorney for the 20 Government, the person in charge of the corrections facility in which defendant 21 is confined shall deliver the defendant to a United States Marshal for the purpose 22 of an appearance in connection with a court proceeding; and DETENTION ORDER PAGE 2 Case 2:11-cr-00016-RSL Document 24 Filed 01/12/11 Page 3 of 3 01 (4) The clerk shall direct copies of this Order to counsel for the United States, to 02 counsel for the defendant, to the United States Marshal, and to the United States 03 Pretrial Services Officer. 04 DATED this 12th day of January, 2011. A 05 06 Mary Alice Theiler United States Magistrate Judge 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 DETENTION ORDER PAGE 3