Order of Detention After Hearing — No. 2:08-cr-01404 (C.D. Cal., Dkt. 15, filed 12/05/08)

Summary

Order of Detention After Hearing in the Central District of California, a printed order with checkbox sections under 18 U.S.C. 3142(i); the defendant is not named in the legible text. The sections cover the grounds for the Government's motion, a serious risk that the defendant will flee, obstruct justice or threaten a witness, and the factors the Court considered, including the nature of the offense, the weight of evidence and the defendant's history. The checked boxes and the written reasons are largely illegible. The order concludes that the defendant be detained prior to trial, confined as far as practicable apart from persons awaiting or serving sentences, and given a reasonable opportunity for private consultation with counsel.

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

Full text

Text recognized from a scanned document; may contain errors.

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

UCT COURT

= 7
j

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, CRLOS=IH04, -Z

(18 U.S.C. § 3142(i))

)
)
) ORDER OF DETENTION AFTER HEARING
)
)
)
Defendant. )
)

I.

A. ( ) On motion of the Government involving an alleged

2. ()
3. ()

-()
-()

nN

crime of violence;

offense with maximum sentence of life imprisonment or death;

narcotics or controlled substance offense with maximum sentence of ten or more
years (21 U.S.C. §§ 801,/951, et. seq.,/955a);

felony - defendant convicted of two or more prior offenses described above;

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. (4S on motion (yxfby the Government) / (_) (by the Court sua sponte involving)

CR-94 (06/07)

ORDER OF DETENTION AFTER HEARING (18 U.S.C. §3142()
Case

—

D:08-cr-01404-R Document 15 Filed 12/05/08 Page 2of3 Page ID #:65

1. ( ) serious risk defendant will flee:
2. () serious risk defendant will
a.( ) obstruct or attempt to obstruct justice;

b.() threaten, injure, or intimidate a prospective witness or juror or attempt to do so.

The Court findsfio condition or combination of conditions will reasonably assure:

A. ( YAppearance of defendant as required; and/or

B. (_) safety of any person or the community.

II.

The Court has considered:

A. () the nature and circumstances of the offense, 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;

C. ( ) the history and characteristics of the defendant;

D. (_) the nature and seriousness of the danger to any person or to the community.

IV.

The Court concludes:

A. () Defendant poses a risk to the safety of other persons or the community because:

ORDER OF DETENTION AFTER HEARING (18 U.S.C. §3142(i))

CR-94 (06/07). Pana? nf 2
Case

2:08-cr-01404-R Document15 Filed 12/05/08 Page 3of3 Page ID #:66

B. ( yfiistory and characteristics indicate a serious risk that defendant will flee because:

C. ( ) A Serious risk exists that defendant will:
1.( ) obstruct or attempt to obstruct justice;

2.(_) threaten, injure or intimidate a witness/ juror, because:

D. ( ) Defendant has not rebutted by sufficient evidence to the contrary the presumption
rovided in 18 U.S.C. § 3142 (e),
IT IS ORDEREDAhat defendant be detained prior to trial.
IT IS FURTHER ORDERED that defendant be confined as far as practicable in a corrections
facility separate from persons awaiting or serving sentences or person held pending appeal.

IT IS FURTHER ORDERED that defendant be afforded reasonable opportunity for private

consultation with his counsel.

DATED: _/ ISLE: Ezz

U.S. MAGISTRATE / DISTRICT JUDGE

ORDER OF DETENTION AFTER HEARING (18 U.S.C. §3142(i))

CR-94 (06/07) Pane 2 nf 2


File and source

File

15.pdf

Size

112,729 bytes

SHA-256

0f73760ca5b678467181dac2696eaf2cd69dbec80e1f6229314ae1355b0e4733

Our copy

15.pdf

Original

archive.org