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
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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
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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
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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 Court bases the foregoing finding(s) on the following:
A. ( ) AS 16 night risk; M/A//////H, ramey 7 fgs fo
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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
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B.
The Court bases the foregoing finding(s) on the following:
1121
DA'FED: