Court filing

Detention Order — United States v. Vertz (Dkt. 8, E.D. Cal.)

Summary

A detention order of U.S. Magistrate Judge Barbara A. McAuliffe in United States v. Jason Vertz, No. 1:21-CR-54 DAD BAM, in the U.S. District Court for the Eastern District of California, dated and filed March 2, 2021 as Document 8. After a detention hearing under 18 U.S.C. § 3142(f), the court orders the defendant detained, finding that no conditions will reasonably assure his appearance (by a preponderance of the evidence) or community safety (by clear and convincing evidence). The checked findings describe the charged crime, Aggravated Identity Theft, as serious with a maximum penalty of 20 years and the weight of the evidence as high. They also list no known family ties in the area, no steady employment or substantial financial resources, a significant prior criminal record, a prior failure to appear and a history of violating probation or parole.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Filed March 2, 2021 in Jason Vertz; one of 2 filings from this case.

Record facts

Court	U.S. District Court for the Eastern District of California
Filed	2021-03-02

Cite this document

“Detention Order — United States v. Vertz (Dkt. 8, E.D. Cal.).” U.S. District Court for the Eastern District of California, No. 1:21-cr-00054, Doc. 8, filed 2021-03-02. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-jason-vertz-caed-389403/2021-03-02-gov-uscourts-caed-389403-8-0-doc-8/, SHA-256 20628063c873c22dc0e65b8a09356cb8f4094dc2bb4ee4a68b1e813f200d3e38.

Full text

UNITED STATES
Case 1:21-cr-00054-DAD-BAM DISTRICT
Document COURT
8 Filed 03/02/21 Page 1 of 2
EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, No. 1:21-CR-54 DAD BAM

Plaintiff,

v. DETENTION ORDER

JASON VERTZ,

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.
X 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, Aggravated Identity Theft, 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.
X The defendant has no known family ties in the area.
X The defendant has no known steady employment.
X The defendant has no known substantial financial resources.
X The defendant is not a long time resident of the community.
X 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: JASON VERTZ Page 2 or 2
Case 1:21-cr-00054-DAD-BAM Document 8 Filed 03/02/21 Page 2 of 2
Case Number: 1:21-CR-54 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: noninterview and unknown background; numerous VOP, numerous arrest
warrants, history of noncompliance on probation
(4) The nature and seriousness of the danger posed by the defendant’s release are as follows: economic
danger and serious risk of noncompliance with court orders and conditions based on criminal history
(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: March 2, 2021 /s/ Barbara A. McAuliffe _
UNITED STATES MAGISTRATE JUDGE

File and source

File: gov.uscourts.caed.389403.8.0.pdf
Size: 116,315 bytes
SHA-256: 20628063c873c22dc0e65b8a09356cb8f4094dc2bb4ee4a68b1e813f200d3e38
Our copy: gov.uscourts.caed.389403.8.0.pdf
Original: archive.org