United States v. Maldonado-Quintero
2:11-cr-00891 | D. Ariz. | Mar 31, 2011
Case 2:11-cr-00891-.]AT Document 3 Filed 03/31/11 Page 1 of 1
UN|TED STATES DlSTRlCT COURT
DlSTRlCT OF AR|ZONA
UN|TED STATES OF AMER|CA
v. ORDER OF DETENTION PENDING TRIAL
Fe|ipe Maldonado-Quintero Case Number: 11-05202M-001
in accordance with the Bail Reform Act, 18 U.S.C. § 3142(f), a detention hearing was held on March 28, 2011. Defendant was
present and was represented by counsel. l conclude by a preponderance of the evidence the defendant is a flight risk and order the
detention of the defendant pending trial in this case.
FlNDlNGS OF FACT
l find by a preponderance of the evidence that:
§ The defendant is not a citizen of the United States or lawfully admitted for permanent residence
® The defendant, at the time of the charged offense, was in the United States illegally
§ lf released herein, the defendant faces removal proceedings by the Bureau of immigration and Customs
Enforcement, placing him/her beyond thejurisdiction of this Court and the defendant has previously been deported
or otherwise removed.
The defendant has no significant contacts in the United States or in the District of Arizona.
The defendant has no resources in the United States from which he/she might make a bond reasonably calculated
to assure his/her future appearance
The defendant has a prior criminal history.
The defendant lives/works in Mexico.
The defendant is an amnesty applicant but has no substantial ties in Arizona or in the United States and has
substantial family ties to Mexico.
There is a record of prior failure to appear in court as ordered.
The defendant attempted to evade law enforcement contact by fleeing from law enforcement
The defendant is facing a maximum of years imprisonment
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The Court incorporates by reference the material findings of the Pretrial Services Agenoy which were reviewed by the Court
at the time of the hearing in this matter, except as noted in the record.
CONCLUS|ONS OF LAW
1. There is a serious risk that the defendant will flee.
2. No condition or combination of conditions will reasonably assure the appearance of the defendant as required.
DlRECT|ONS REGARD|NG DETENT|ON
The defendant is committed to the custody of the Attorney General or his/her designated representative for confinement in
a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending
appeal. The defendant shall be afforded a reasonable opportunity for private consultation with defense counsel. On order of a court
of the United States or on request of an attorney for the Government, the person in charge of the corrections facility shall deliver the
defendant to the United States Marshal for the purpose of an appearance in connection with a court proceeding
APPEALS AND TH|RD PARTY RELEASE
lT iS ORDERED that should an appeal of this detention order be filed with the District Court, it is counsel's responsibility to
deliver a copy of the motion for review/reconsideration to Pretrial Servic at least one day prior to the hearing set before the District
Court. »
lT |S FURTHER ORDERED that if a release to a third party is to be o sidered, it is = responsibility to notify Pretrial
Services sufficiently in advance of the hearing before the District Courtt all ~U Pretrial Services m ortunity to interview and
investigate the potential third party custodian
` JAY R. lRwiN
nited States Magistrate Judge
DATE: March 28 2011