Court filing

Detention Order — United States v. Smith (Dkt. 11, E.D. Cal.)

Summary

A detention order in United States v. Christina Smith, No. 1:20-CR-253 DAD BAM, in the U.S. District Court for the Eastern District of California, filed December 30, 2020 as Document 11 and signed by Barbara A. McAuliffe. After a detention hearing under 18 U.S.C. § 3142(f) of the Bail Reform Act, the court orders the defendant detained under 18 U.S.C. § 3142(e) and (i). The order marks a finding by a preponderance of the evidence that no condition or combination of conditions will reasonably assure the defendant's appearance as required, based on the evidence and the Pretrial Services report.

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Filed December 30, 2020 in Christina Smith; one of 2 filings from this case.

Record facts

Court	U.S. District Court for the Eastern District of California
Filed	2020-12-30

Cite this document

“Detention Order — United States v. Smith (Dkt. 11, E.D. Cal.).” U.S. District Court for the Eastern District of California, No. 1:20-cr-00253, Doc. 11, filed 2020-12-30. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-christina-smith-caed-385644/2020-12-30-gov-uscourts-caed-385644-11-0-doc-11/, SHA-256 483ca9df9988c63d5627014a5e0e5acdfa68d829876f52158594416573b3b403.

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Full text

UNITED STATES
Case 1:20-cr-00253-ADA-BAM DISTRICT
Document COURT
11 Filed 12/30/20 Page 1 of 2
EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, No. 1:20-CR-253 DAD BAM

Plaintiff,

v. DETENTION ORDER

CHRISTINA SMITH,

Defendant.

A. Order For Detention
After conducting a detention hearing pursuant to 18 U.S.C. § 3142(f) of the Bail Reform Act, the Court orders the
above-named defendant detained pursuant to 18 U.S.C. § 3142(e) and (i).

B. Statement Of Reasons For The Detention
The Court orders the defendant’s detention because it finds:
X By a preponderance of the evidence that no condition or combination of conditions will reasonably
assure the appearance of the defendant as required.
By clear and convincing evidence that no condition or combination of conditions will reasonably
assure the safety of any other person and the community.

C. Findings of Fact
The Court’s findings are based on the evidence which was presented in Court and that which was contained in the
Pretrial Services Report, and includes the following:
X (1) Nature and Circumstances of the offense charged:
X (a) The crime, Conspiracy to commit Mail Fraud, is a serious crime and carries a maximum penalty
of 20 years
(b) The offense is a crime of violence.
(c) The offense involves a narcotic drug.
(d) The offense involves a large amount of controlled substances.
X (2) The weight of the evidence against the defendant is high.
X (3) The history and characteristics of the defendant including:
(a) General Factors:
The defendant appears to have a mental condition which may affect whether the
defendant will appear.
The defendant has no known family ties in the area.
The defendant has no known steady employment.
The defendant has no known substantial financial resources.
The defendant is not a long time resident of the community.
The defendant does not have any known significant community ties.
Past conduct of the defendant :
The defendant has a history relating to drug abuse.
The defendant has a history relating to alcohol abuse.
X The defendant has a significant prior criminal record.
X The defendant has a prior record of failure to appear at court proceedings.
X The defendant has a history of violating probation and/or parole.

Defendant: CHRISTINA SMITH Page 2 or 2
Case 1:20-cr-00253-ADA-BAM Document 11 Filed 12/30/20 Page 2 of 2
Case Number: 1:20-CR-253 DAD BAM

(b) Whether the defendant was on probation, parole, or release by a court;
At the time of the current arrest, the defendant was on:
Probation
Parole
Release pending trial, sentence, appeal or completion of sentence.
(c) Other Factors:
The defendant is an illegal alien and is subject to deportation.
The defendant is a legal alien and will be subject to deportation if convicted.
X Other: 5 other variations of her name, 4 alias names, 3 dates of birth and 3 social
security numbers; mental health condition, 2 arrests for FTA, 2 prior probation
revocations and violation of parole, new law violations while subject to probation
supervision
(4) The nature and seriousness of the danger posed by the defendant’s release are as follows:
(5) Rebuttable Presumptions
In determining that the defendant should be detained, the court also relied on the following
rebuttable presumption(s) contained in 18 U.S.C. § 3142(e), which the court finds the
defendant has not rebutted:
a. The crime charged is one described in § 3142(f)(1).
(A) a crime of violence; or
(B) an offense for which the maximum penalty is life imprisonment or death; or
(C) a controlled substance violation that has a maximum penalty of ten years or
more; or
(D) A felony after the defendant had been convicted of two or more prior offenses
described in (A) through (C) above, and the defendant has a prior conviction of one of
the crimes mentioned in (A) through (C) above which is less than five years old and
which was committed while the defendant was on pretrial release
b. There is probable cause to believe that defendant committed an offense for which a
maximum term of imprisonment of ten years or more is prescribed
in the Controlled Substances Act, 21 U.S.C. §§ 801, et seq.,
the Controlled Substances Import and Export Act, 21 U.S.C. §§ 951, et seq.,
the Maritime Drug Law Enforcement Act, 46 U.S.C. App. §§ 1901, et seq., or
an offense under 18 U.S.C. §§ 924(c), 956(a), or 2332b.
an offense involving a minor under 18 U.S.C. §§ 1201, 1591, 2241, 2242, 2244(a)(1),
2245, 2251, 2251A, 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2),
2252A(a)(3), 2252A(a)(4), 2260, 2421, 2422, 2423, or 2425.
D. Additional Directives
Pursuant to 18 U.S.C. § 3142(i)(2)-(4), the Court directs that:

The defendant be committed to the custody of the Attorney General 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 be afforded reasonable opportunity for private consultation with counsel; and

That, 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 deliver the defendant to a United States Marshal for
the purpose of an appearance in connection with a court proceeding.

IT IS SO ORDERED.

Dated: December 30, 2020 /s/ Barbara A. McAuliffe _

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SHA-256: 483ca9df9988c63d5627014a5e0e5acdfa68d829876f52158594416573b3b403
Our copy: gov.uscourts.caed.385644.11.0.pdf
Original: archive.org