Case 5: 09- --Cr 00747- E.]DS Document 26 Filed 07/24/09 Pa e 1 of 1 UNITED STATES DISTRICT COURT g THE NORTHERN DISTRICT OF CALIFORNIA sAN JosE nrvrsIoN C(Z m _ ms j <_F“) Q'f: UNITED sTATEs oF AMERICA, Plaintiff, 2 ease Numbei('-é&€£&@¢€£q _.Defendant. v. l f ORDER OF DETENTION PENDING TRIAL In accordance with the Bail Reform Act, 18 U.S._C. § 3142(t), a detention hearing was held on 2 ZQQ‘ fw Defendant was present, represented by his attorney . The United States was represented by Assistant U.S. Attomey § . S aé PART I. PRESUMPTIONS APPLICABLE / / The defendant 1s charged with an offense described 1n 18 U. S. C. § 3142(1)(1) and the defendant has been convicted of a prior offense described' m 18 U. S. C. § 3142(t)(1) while on release pending trial for a federal, state or local offense, and a period of not more than five (5) years has elapsed since the date of conviction or the release of the person from' imprisonment, whichever 1s later. This establishes a rebuttable presumption that no condition or combination of cond1t10ns will reasonably assure the safety of any other person and the community. § 15 11~~.11 W %There 1s probable cause based upo e facts found 1n Part IV below) to believe that th defendant ll has committed an offense A. ¥_.- for which a maximum tenn of' lmprisonment of 10 years or more is prescribed m 21 U. S. C. §JUI_ 2 4 2[][]9 801 et seq., § 951 et seq., or § 955a et seq, OR B. _ under 18 U. S. C. § 924(0): use of a firearm during the commission of a felony. acl-§th This establishes a rebuttable presumption that no condition or combination of conditions will reasonablly agsl§rqe the appearance of the defendant as required and the safety of the community. / / No presumption applies. PART H. REBUTTAL OF PRESUMPTIONS, IF APPLlCABLE e defendant has not come forward with suHicient evidence to rebut the applicable presumption[s], and he therefore will be ordered detained / / The defendant has come forward with evidence to rebut the applicable presurnption[s] to wit: Thus, the burden of proof shifts back to the United States. PART m. PROOF (WHERE PRESUMPTIONS REBUTTED OR IN'APPLICABLE) / / The United States has proved to a preponderance of the evidence that no condition or combination of conditions will reasonably assure the appearance of the defendant as required, AND/OR / / The United States has proved by clear and convincing evidence that no condition or combination of condltlons will reasonably assure the safety of any other person and the community. PART IV WRI'I'I`EN FIND!NGS OF FACI` AND STATEMENT OF REASONS FOR DETENTION / / Defendant, his attomey, and the AUSA have waived written findings PAR'l` V. DIRECTIONS REGARDING DETENTION The defendant 1s committed to the custody of the Attorney General or his designated representative for confmement' m a >orrections facility separate to the extent practicable from persons awaiting or serving sentences or being held 1n custody pending appeal. l`he defendant shall be afforded a reasonable opportunity for private consultation with defense counsel. On order of a court of the United States or on the request of an attorney for the Govemment, the person in charge of the corrections facility shall deliver the §iefcndant to the United States Marshal for the purpose of an appearance in connection with a court proceeding. >M `7/9 *//DC) ' 1/ § PATRICIA V. TRUMBULL United Swtes Magistrate Judge