United States v. Flores
2:11-cr-00657 | C.D. Cal. | Jun 30, 2011
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1 UUN 3 0 2011
' ' CENT TH%Pic/ulro NlA
UNITED STATES DlSTRlC l’/COURT
CENTRAL DlSTRlCT OF CALlFORNlA
UNITED STATES OF AMERICA_,
Plaintiff, CASE NO. 1 1~ 1'-1 77 1‘/1
v.
_TES 05 Fw RE_S ORDER OF DETENTION
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
often or more years .
4. ( ) any felony - where 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
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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..SC§225().
On motion by the Government / ( ) on Court’ s own motion, in a case
CR-94 (06/07)
ORDER OF DETENTION AFTER IIEARlNG (18 U.S.C. §3|42(1))
Pagc | of4
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allegedly involving:
(*/1 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:
a. ( ) obstruct or attempt to obstruct justice.
b. ( ) threaten, injure, or intimidate a prospective witness orjuror or
attempt to do so. g
C. The Government ( ) is/ (M 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.
II.
A. (vY The Court finds that no condition or combination of conditions will
reasonably assure:
1. ( \J/ 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.
III.
The Court has considered:
A. the nature and circumstances of the offense(s) charged, including whether the
offense is a crime of violence, a F ederal 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 to the community.
CR»94 (06/07)
ORDER OF DE'|`ENTION AF'|`ER HEAR|NG (|8 U.S.C. §3142(i))
Page 2 of 4
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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
Report/recommendation.
V.
The Coult bases the foregoing finding(s) on the following:
A. (¢/{ As to flight risk:
B. ( ) AS to danger:
Vl.
A. ( ) The Court finds that a serious risk exists that the defendant will:
1.( ) obstruct or attempt to obstruct justice.
2. ( ) attempt to/ ( ) threaten, injure or intimidate a witness or juror.
C`R-‘M (()6/()7)
ORDER OF DETENT|ON AFTER HEAR|NC (18 U.S.C. §3|42(1))
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B. The Coult bases the foregoing finding(s) on the following:
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VII.
A. IT IS THEREFORE ORDERED that the defendant be detained prior-to trial.
B. IT lS FURTHER ORDERED that the defendant be committed to the
custody of the Attorney General for confinement in a corrections facility
separate, to 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 Govemment, 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
jQ?///g/£/ 6’,/ §;
PATRICK .l. WALSH
UNITED STATES MAGISTRATE JUDGE
DATED; 10\/ §0|1 1 1
ORDER OF DETENTION AFTER HEAR|NG (18 U.S.C.§3142(i))
CR-94 (()6/07) PaEe 4 01`4