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Home Source documents Court filing — C.D. Cal. No. 2:22-cr-00205 (Dkt. 78, C.D. Cal.)

Court filing — C.D. Cal. No. 2:22-cr-00205 (Dkt. 78, C.D. Cal.)

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        Case 2:22-cr-00205-JFW Document 78 Filed 05/17/22 Page 1 of 3 Page ID #:270



AO 472 (Rev. 11/16) Order of Detention Pending Trial


                                       UNITED STATES DISTRICT COURT
                                                                    for the
                                                         Central District of California


                   United States of America
                                  v.
                                                                              Case No.     2:22-CR-00205-JFW "-'o~
             CARLEISHA NEOSHA PLUMMER

                              Defendant


                                        ORDER OF DETENTION PENDING TRIAL

                                                       Part I -Eligibility for Detention

      Upon the

               ~       tion of the Government attorney pursuant to 18 U.S.C. § 3142(fl(1), or
                      otion of the Government or Court's own motion pursuant to 18 U.S.C. § 3142(fl(2),

the Court held a detention hearing and found that detention is warranted. This order sets forth the Court's findings of fact
and conclusions of law, as required by 18 U.S.C. § 3142(1), in addition to any other findings made at the hearing.

                             Part II -Findings of Fact and Law as to Presumptions under § 3142(e)

   Q A. Rebuttable Presumption Arises Under 18 U.S.C.§ 3142(e)(2)(previous vtolpror): There is a rebuttable
     presumption that no condition or combination of conditions will reasonably assure the safety of any other person
     and the community because the following conditions have been met:
         ~ (1)the defendant is charged with one of the following crimes described in 18 U.S.C. § 3142(fl(1):
              ~(a) a crime of violence, a violation of 18 U.S.C. § 1591, or an offense listed in 18 U.S.C.
                 § 2332b(g)(5)(B)for which a m~imum term of imprisonment of 10 years or more is prescribed; or
              O(b)an offense for which the maximum sentence is life imprisonment or death; or
              ~(c) an offense for which a maximum term of imprisonment of 10 years or more is prescribed in the
                 Controlled Substances Act(21 U.S.C. §§ 801-904), the Controlled Substances Import and Export Act
                (21 U.S.C. §§ 951-971), or Chapter 705 of Title 46, U.S.C.(46 U.S.C. §§ 70501-70508); or
              ~(d)any felony if such person has been convicted of two or more offenses described in subparagraphs
                (a)through (c) of this paragraph, or two or more State or local offenses that would have been offenses
                 described in subparagraphs(a)through (c)of this paragraph if a circumstance giving rise to Federal
                jurisdiction had existed, or a combination of such offenses; or
              ~(e) any felony that is not otherwise a crime of violence but involves:
                (i) a minor victim;(ii) the possession of a firearm or destructive device (as defined in 18 U.S.C. § 921);
                (iii) any other dangerous weapon; or (iv) a failure to register under 18 U.S.C. § 2250; and
         ~ (2)the defendant has previously been convicted of a Federal offense that is described in 18 U.S.C.
            § 3l42(fl(1), or of a State or local offense that would have been such an offense if a circumstance giving rise
            to Federal jurisdiction had existed; and
          ~ (3)the offense described in paragraph (2) above for which the defendant has been convicted was
            committed while the defendant was on release pending trial for a Federal, State, or local offense; and
          ~ (4)a period of not more than five years has elapsed since the date of conviction, or the release ofthe
             defendant from imprisonment, for the offense described in paragraph(2)above, whichever is later.

                                                                                                                     Page 1 of 3
        Case 2:22-cr-00205-JFW Document 78 Filed 05/17/22 Page 2 of 3 Page ID #:271



AO 472 (Rev. 11/16) Order of Detention Pending Trial

  ~ B. Rebuttable Presumption Arises Under 18 U.S.C. § 3142(e)(3)(narcotics,(rearm, other offenses): There is a
    rebuttable presumption that no condition or combination of conditions will reasonably assure the appearance of the
    defendant as required and the safety of the community because there is probable cause to believe that the defendant
    committed one or more ofthe following offenses:
         ~ (1)an offense for which a maximum term of imprisonment of 10 years or more is prescribed in the
           Controlled Substances Act(21 U.S.C. §§ 801-904), the Controlled Substances Import and Export Act(21
           U.S.C. §§ 951-971), or Chapter 705 of Title 46, U.S.C.(46 U.S.C. §§ 70501-70508);
         O (2)an offense under 18 U.S.C. §§ 924(c), 956(a), or 2332b;
         ~ (3)an offense listed in 18 U.S.C. § 2332b(g)(5)(B)for which a maximum term of imprisonment of 10 years
           or more is prescribed;
         ~ (4)an offense under Chapter 77 of Title 18, U.S.C.(18 U.S.C. §§ 1581-1597)for which a m~imum term of
           imprisonment of 20 years or more is prescribed; or
         ~ (5)an offense involving a minor victim 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)(]), 2252A(a)(2), 2252A(a)(3), 2252A(a)(4),
           2260, 2421, 2422, 2423, or 2425.

  ~ C. Conclusions Regarding Applicability of Any Presumption Established Above

            ~ The defendant has not introduced sufficient evidence to rebut the presumption above, and detention is
              ordered on that basis. (Parr iu need noc be ~ompleced.)

               1'

            ~ The defendant has presented evidence sufficient to rebut the presumption, but after considering the
              presumption and the other factors discussed below, detention is warranted.

                                  Part III -Analysis and Statement of the Reasons for Detention

     After considering the factors set forth in 18 U.S.C. § 3142(g) and the information presented at the detention hearing,
the Cou concludes that the defendant must be detained pending trial because the Government has proven:

      By clear and convincing evidence that no condition or combination of conditions of release will reasonably assure
      t safety of any other person and the community.

      By a preponderance of evidence that no condition or combination of conditions of release will reasonably assure
       e defendant's appearance as required.

In addition to any findings made on the record at the hearing, the reasons for detention include the following:

       ~   eight of evidence against the defendant is strong
          ubject to lengthy period of incarceration if convicted
         Prior criminal history
       ~ rticipation in criminal activity while on probation, parole, or supervision
         History of violence or use of weapons
       ~ istory of alcohol or substance abuse
       ~ Lack of stable employment
       ~ Lack of stable residence
       ~ Lack of financially responsible sureties


                                                                                                                    Page 2 of 3
        Case 2:22-cr-00205-JFW Document 78 Filed 05/17/22 Page 3 of 3 Page ID #:272



AO 472 (Rev. 1 I/16) Order of Detention Pending Trial

        ~ Lack of significant community or family ties to this district
        ~ Significant family or other ties outside the United States
        ~ Lack of legal status in the United States
        ~    bject to removal or deportation after serving any period of incarceration
            for failure to appear in court as ordered
          P or attempts)to evade law enforcement
          Use of aliases) or false documents
        ~ Background information unknown or unverified
        ~ Prior violations of probation, parole, or supervised release

OTHER REASONS OR FURTHER EXPLANATION:




                                                 Part IV -Directions Regarding Detention

The defendant is remanded to the custody ofthe Attorney General or to the Attorney General's designated representative 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 must be afforded a reason e opportunity for private c sultation with
defense counsel. On order of a court of the United States or on request o          attorney for the Govern n , e person in
charge of the corrections facility must deliver the defendant to a United a s Marshal for the purpose           appearance in
connection i h a court proceeding.

Date:                                    ~~~/I~/~--
                         __ ___ ~ _~ _ I_
                                                                             Unjted States Magistrate Judge



                                                                                          Gail J. Standish
                                                                                                                     Page 3 of 3


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