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United States v. Nguyen
2:06-cr-00307
W.D. Wash.
Sep 13, 2006
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Docket
Case Information

*1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE UNITED STATES OF AMERICA, ) )

Plaintiff, ) CASE NO. 06-472 M ) ) ) ) v. DETENTION ORDER

ANTHONY SAYASACK, ) ) Defendant. )

______________________________)

Offenses charged:

Conspiracy to Distribute Marijuana, in violation of Title 21, U.S.C., Section 841(a)(1), 841(b)(1)(B) and (846).

Conspiracy to Distribute MDMA, in violation of Title 21, U.S.C., Sections 841(a)(1) and 841(b)(1)(c).

Date of Detention Hearing: September 12, 2006

The Court, having conducted a contested detention hearing pursuant to Title 18 U.S.C. § 3142(f), and based upon the factual findings and statement of reasons for detention hereafter set forth, finds that no condition or combination of conditions which the defendant can meet will reasonably assure the appearance of the defendant as required and the safety of any other person and the community. The Government was represented by Lisca Borichewski. The defendant was represented by Michael Martin.

*2 FINDINGS OF FACT AND STATEMENT OF REASONS FOR DETENTION

(1) There is probable cause to believe the defendant committed the drug

offense. The maximum penalty is in excess of ten years. There is therefore a rebuttable presumption against the defendant’s release based upon both dangerousness and flight risk, under Title 18 U.S.C. § 3142(e).

(2) Nothing in this record satisfactorily rebuts the presumption against

release for several reasons: Using the factors below, under Title 18 § 3142 (g), the Court considered the following: (a) The alleged offense involves 100 kilograms or more of a

controlled substance mixture containing marijuana. (b) Defendant has no stable employment, thus his income appears to

be derived from otherwise illegal means. (c) Although defendant has ties in the community, it alone is not

enough to overcome presumption in this case. (3) Based upon the foregoing information, it appears that there is no

condition or combination of conditions that would reasonably assure future Court appearances and/or the safety of other persons or the community.

It is therefore ORDERED :

(l) The defendant shall be detained pending trial and committed to the

custody of the Attorney General for confinement in a correction facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal; The defendant shall be afforded reasonable opportunity for private consultation with counsel;

*3 (3) 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 in which the defendant is confined shall deliver the defendant to a United States Marshal for the purpose of an appearance in connection with a court proceeding; and The clerk shall direct copies of this order to counsel for the United

States, to counsel for the defendant, to the United States Marshal, and to the United States Pretrial Services Officer.

DATED this 13 th day of September, 2006.

A MONICA J. BENTON United States Magistrate Judge

Case Details

Case Name: United States v. Nguyen
Court Name: District Court, W.D. Washington
Date Published: Sep 13, 2006
Docket Number: 2:06-cr-00307
Court Abbreviation: W.D. Wash.
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