Order of Detention After Hearing — United States v. Baines (Document 6)
Summary
Order of Detention After Hearing (form CR-94) concerning Fontrell Antonio Baines, Case No. 2:20-mj-04992, filed October 16, 2020 as Document 6 and dated 10/16/2020. On the Government's motion, the Court finds a serious risk that the defendant will flee and that no condition or combination of conditions will reasonably assure his appearance or the safety of any person or the community. For flight risk it checks insufficient bail resources, lack of connections to this District and a previous probation violation. For danger it checks the nature of previous criminal convictions and the allegations in the present charging document. It orders him detained before trial, with reasonable opportunity for private consultation with counsel.
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“Order of Detention After Hearing — United States v. Baines (Document 6).”
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Case 2:20-cr-00522-MWF Document 6 Filed 10/16/20 Page 1 of 5 Page ID #:42
1 FILED
CLERK U.S. DISTRICT COURT
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CENTRAL DISTRICT OF CAL RNIA
4 ~Y ~~ ~ r
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UNITED STATES DISTRICT COURT
8 CENTRAL DISTRICT OF CALIFORNIA
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to UNITED STATES OF AMERICA, Case No. 2:20-mj-04992 DUTY
11 Plaintiff,
ORDER OF DETENTION
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Fontrell Antonio Baines
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15 Defendant.
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17 I.
18 A.() On motion ofthe Government in a case allegedly involving:
19 1.() a crime of violence.
20 2.() an offense with maximum sentence of life imprisonment or death.
21 3.() a narcotics or controlled substance offense with maximum sentence
22 often or more years.
23 4.() any felony -where the defendant has been convicted oftwo or more
24 prior offenses described above.
25 5. O any felony that is not otherwise a crime ofviolence that involves a minor
26 victim, or possession or use of a firearm or destructive device or any
27 other dangerous weapon,or a failure to register under 18 U.S.0 § 2250.
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ORDER OF DETENTION AFTER HEARING(18 U.S.C. §3142(1))
CR-94 Page 1 of4
Case 2:20-cr-00522-MWF Document 6 Filed 10/16/20 Page 2 of 5 Page ID #:43
1 B.(x) On motion by the Government /()on Court's own motion,in a case
2 allegedly involving:
3 (x) On the further allegation by the Government of:
4 1. (x) a serious risk that the defendant will flee.
5 2.() a serious risk that the defendant will:
6 a.()obstruct or attempt to obstruct justice.
b.()threaten, injure, or intimidate a prospective witness or juror or
8 attempt to do so.
9 C. The Government()is/(x)is not entitled to a rebuttable presumption that no
10 condition or combination of conditions will reasonably assure the defendant's
11 appearance as required and the safety ofany person or the community.
12 II.
13 A.(x) The Court finds that no condition or combination of conditions will
14 reasonably assure:
15 1. (x) the appearance ofthe defendant as required.
16 (x) and/or
l~ 2. (x) the safety of any person or the community.
18 B.() The Court finds that the defendant has not rebutted by sufficient
19 evidence to the contrary the presumption provided by statute.
20 III.
21 The Court has considered:
22 A. the nature and circumstances of the offenses) charged, including whether the
23 offense is a crime of violence, a Federal crime of terrorism, or involves a minor
24 victim or a controlled substance, firearm, explosive, or destructive device;
25 B. the weight of evidence against the defendant;
26 C. the history and characteristics ofthe defendant; and
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D. the nature and seriousness ofthe danger to any person or to the community.
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ORDER OF DETENTION AFTER HEARING(18 U.S.C. §3142(1))
CR-94 Page 2 of4
Case 2:20-cr-00522-MWF Document 6 Filed 10/16/20 Page 3 of 5 Page ID #:44
1 IV.
2 The Court also has considered all the evidence adduced at the hearing and the
3 arguments and/or statements of counsel, and the Pretrial Services
4 Report/recommendation.
5 V.
6 The Court bases the foregoing findings) on the following:
A.(x) As to flight risk:
8 x Insufficient bail resources
9 ❑ Refusal to interview with Pretrial Services
to x Lack of connections to this District
11 x Previous probation violation
12 ❑ Ties to foreign countries
13 ❑ Unrebutted presumption [18 U.S.C. § 3142(e)(2)]
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19 B.(x) As to danger:
20 x Nature of previous criminal convictions
21 x Allegations in present charging document
22 ❑ Substance abuse
23 ❑ Already in custody on state or federal offense
24 ❑ Unrebutted presumption [18 U.S.C. § 3142(e)(2)]
25 x Defendant arrested with weapon in his possession -- althou
26 is a convicted felon
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ORDER OF DETENTION AFTER HEARING(18 U.S.C. §3142(1))
CR-94 Page 3 of4
Case 2:20-cr-00522-MWF Document 6 Filed 10/16/20 Page 4 of 5 Page ID #:45
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4 C.() Defendant submitted to detention
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6 VI.
A.() The Court finds that a serious risk exists that the defendant will:
8 1.()obstruct or attempt to obstruct justice.
9 2.()attempt to/( )threaten, injure or intimidate a witness or juror.
to B. The Court bases the foregoing findings) on the following:
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16 VII.
17 A. IT IS THEREFORE ORDERED that the defendant be detained prior to trial.
18 B. IT IS FURTHER ORDERED that the defendant be committed to the custody
19 of the Attorney General for confinement in a corrections facility separate, to
20 the extent practicable, from persons awaiting or serving sentences or being
21 held in custody pending appeal.
22 C. IT IS FURTHER ORDERED that the defendant be afforded reasonable
23 opportunity for private consultation with counsel.
24 D. IT IS FURTHER ORDERED that, on order of a Court of the United States or
25 on request of any attorney for the Government, the person in charge of the
26 corrections facility in which the defendant is confined deliver the defendant to
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a United States marshal for the purpose of an appearance in connection with a
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court proceeding.
ORDER OF DETENTION AFTER HEARING (18 U.S.C. §3142(1))
CR-94 Page 4 of4
Case 2:20-cr-00522-MWF Document 6 Filed 10/16/20 Page 5 of 5 Page ID #:46
1 DATED: 10/16/2020 •
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3 ALEXANDER F. MacKINNON
UNITED STATES MAGISTRATE JUDGE
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ORDER OF DETENTION AFTER HEARING (18 U.S.C. §3142(1))
CR-94 Page 5 of4
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