United States v. Ortiz-Rodriguez

2:09-cr-00101 | C.D. Cal. | Jan 7, 2009

Cas|je 2:09-cr-OOlOl-VBF Document 6 Filed 01/07/09 Page 1 of 4 Page |D #:20 L ; §A.Q.URT z JAN - i 2009 . ;,»‘.;c) oF c;{'ili:`oRNl/\ DEPUTY UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Piaimirr, cAsE No. O‘l ' 00 Q~BM v. Vkvlo dk_nz___ gap R'éuéz) ORDER OF DETENTION Defendant. l. A. g On motion of the Government in a case allegedly involving: l. ( ) 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 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 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. ()Q On motion by the Government / ( ) on Court’s own motion, in a case ORDER OF DETENTlON AF'I`ER HEARlNG (18 U.S.C. §3142(i)) CR-94 (06/07) Page 1 of4 C _1>1.~)1\.> \OOO\)O'\U\ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 l;e 2:09-cr-OOlOl-VBF Document 6 Filed 01/07/09 Page 2 of 4 Page |D #:21 allegedly involving: §7<)` ()n 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 or juror or attempt to do so. C. The Government ( ) is/ ( ) 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 of any person or the community. Il. A. p<) The Court finds that no condition or combination of conditions will reasonably assure: l. Q><) the appearance of the defendant as required. ()Q and/or 2. (P§) 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 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; O . the history and characteristics of the defendant; and D. the nature and seriousness of the danger to any person or to the community. ORDER OF DETEN'I`ION AFTER HEARING (18 U.S.C. §3142(i)) CR-94 (06/07) Page 2 of 4 Caii;e 2:09-cr-OOlOl-VBF Document 6 Filed 01/07/09 Page 3 of 4 Page |D #:22 \OOO\!O\U\J> 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 16 night risk; M/A//////H, ramey 7 fgs fo 711 § D/ 5 fit |C/T' B. ( ) As to danger: VI. A. ( ) The Court finds that a serious risk exists that the defendant will: l. ( ) obstruct or attempt to obstruct justice. 2. ( ) attempt to/ ( )t,hreaten, injure or intimidate a witness or juror. oRl)ER oF DETENTioN AFTER HEARlNG (18 U.s.c. §3142(1)) CR-94 (06/07) Page 3 of 4 Casue 2:09-cr-OOlOl-VBF Document 6 Filed 01/07/09 Page 4 of 4 Page |D #:23 \OOO\IO’\UIJ>L)J{\.))-‘ [\) [\)[\)[\))d)-\»-do--\)-¢)-‘>-»)-¢»-a>-\ §§KUABN~@@®\]Q\@»@N~@ B. The Court bases the foregoing finding(s) on the following: 1121 DA'FED: