United States v. Cerritos

2:11-cr-00967 | C.D. Cal. | Sep 19, 2011

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . Case 2:11-cr-00967-.]FW Document 7 Filed 09/19/11 Page 1 of 5 Page |D #:19 §. "`-N `“*Q§HYCTCO dMT SEP l 9 20// ~\_ `€»w`tor DEPb"Ir/¢ UNITED STATES DISTRICT COURT CENTRAL DISTRICT_OF CALIFORNIA UNITED STATES OF AMERICA, CASE NO. “/llj\]“ Plaintiff, VS. ORDER OF DETENTION ) ) ) ) ) ) +' * " ) ~C(<) §§le 05 L.,;N/W€G § ) ) \r\mm Defendant. I_ A. ( ) On motion of the Government in a case allegedly involving: 1. ( ) a crime of Violence. 2. () an offense with maximum sentence of life imprisonment or death. 3. ( ) a narcotics or controlled substance offense with maximum sentence of ten or more years. 4. ( ) any felony - where defendant Convicted of two or more prior offenses described above. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , CaSe 2:11-cr-00967-.]FW Document 7 Filed 09/19/11 Page 2 of 5 Page |D #:20 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 U.S.C. § 2250. B. (bY/'On motion by the Government/ ( ) on Court’s own motion, in a case allegedly involving: ( ) On the further allegation by the Government of: 1. (gy/ a serious risk that the defendant will flee. 2. ( ) a serious risk that the defendant will: 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/ (V( 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 or any person or the community. II A. ( ) The Court finds that no condition or combination of conditions will reasonably assure: - 1. ( ) the appearance of the defendant as required. ( ) and/or 2. ( ) the safety of any person or the community. B. ( ) The Court finds that the defendant has not rebutted by sufficient evidence to the contrary the presumption provided by statute. /// /// 4 4 .___H._ 111 11 ,__i._i,_i_.r….,._.... \ …4 n . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 Case 2:11-cr-00967-.]FW Document 7 Filed 09/19/11 Page 3 of 5 Page |D #:21 111 The Court has considered: A. the nature and circumstances of the offense(s) charged, including whether the offense is a crime of violence, a Federal crime of terrorism, or involves a minor victim or a controlled substance, firearm, explosive, or destructive device; B. the weight of evidence against the defendant; C. the history and characteristics of the defendant; and D. the nature and seriousness of the danger to any person or the community. 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 Report/recommendation. V The Court bases the foregoing finding(s) on the following: A. (\¥/ As to flight risk: wo \miu\/\