Order of Detention — United States v. Jose Guillermo Hernandez (C.D. Cal., Dkt. 9, filed 01/12/22)

Summary

This is an Order of Detention in United States of America v. Jose Guillermo Hernandez, Case No. 21-cr-0567-AB, in the United States District Court for the Central District of California, dated 1/12/2022. It records a checked basis of a serious risk that the defendant will flee and states the Court finds that no condition or combination of conditions will reasonably assure his appearance as required and the safety of any person or the community. For risk of non-appearance it lists prior parole violations, prior attempts to evade law enforcement, and history of drug use. For danger to the community it lists the instant allegations, lengthy criminal history, prior parole violations, and alleged gang ties. It orders the defendant detained until trial.

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       Case 2:21-cr-00567-AB Document 9 Filed 01/12/22 Page 1 of 4 Page ID #:19



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                                                      ~.NM ~ 2~~
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              IN THE UNITED STATES DISTRICT COURT
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             FOR THE CENTRAL DISTRICT OF CALIFORNIA
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12                                         Case No. 21-cr-0567-AB
     UNITED STATES OF AMERICA,
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                     Plaintiff,
14                                         ORDER OF DETENTION
                v.
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     JOSE GUILLERMO HERNANDEZ,
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                     Defendant.
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                                          I.
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         The Court conducted a detention hearing:
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         ❑     On motion ofthe Government[18 U.S.C. § 31420(1)] in a case:
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         allegedly involving:
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              ()a crime of violence.
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              ()an offense with a maximum sentence of life imprisonment or
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               death.
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              ()a narcotics or controlled substance offense with the maximum
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               sentence often or more years.
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         Case 2:21-cr-00567-AB Document 9 Filed 01/12/22 Page 2 of 4 Page ID #:20



 1              ( )any felony —where defendant convicted oftwo or more prior
2                offenses described above.
3               ( )any felony that is not otherwise a crime of violence that involves a

4                minor victim, or possession of a firearm or destructive device or any

5                other dangerous weapon, or a failure to register under 18 U.S.C.
6                § 2250.

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8          ~     On motion by the Government or on the Court's own motion

9 [18 U.S.C. § 31420(2)] in a case allegedly involving, on further allegation by the
10   Government of:
11               (X)a serious risk that defendant will flee.

12               ()a serious risk that the defendant will( )obstruct or attempt to

13               obstruct justice;( )threaten, injure or intimidate a prospective witness
14               or juror, or attempt to do so.
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16         ❑ The Court concludes that the Government is entitled to a rebuttable
17   presumption that no condition or combination of conditions will reasonably assure
18   the defendant's appearance as required and the safety or any person or the
19   community [18 U.S.C. § 3142(e)(2)].
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21                                                    II.

22         ~ The Court finds that no condition or combination of conditions will
23   reasonably assure: ~ the appearance ofthe defendant as required.
24                      ~ the safety of any person or the community.

25         ❑ The Court finds that the defendant has not rebutted by sufficient evidence

26   to the contrary the presumption provided by statute.
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         Case 2:21-cr-00567-AB Document 9 Filed 01/12/22 Page 3 of 4 Page ID #:21



 1                                                  III.
 2         The Court has considered:(a)the nature and circumstances of the offenses)
 3   charged, including whether the offense is a crime of violence, a Federal crime of
4    terrorism, or involves a minor victim or a controlled substance, firearm, explosive,
 5   or destructive device;(b)the weight of evidence against the defendant;(c)the
6    history and characteristics of the defendant; and (d)the nature and seriousness of

 7   the danger to any person or the community. [18 U.S.C. § 3142(g)] The Court also
 8   considered all the evidence adduced at the hearing and the arguments, the
9    arguments of counsel, and the report and recommendation ofthe U.S. Pretrial
10   Services Agency.
11                                                  IV.
12         The Court bases its conclusions on the following:
13         ~ As to risk ofnon-appearance: prior parole violations; prior attempts to
14   evade law enforcement; history of drug use.
15         ~ As to danger to the community: instant allegations; lengthy criminal
16   history; prior parole violations; alleged gang ties.
17                                                   V.
18          ❑     The Court finds a serious risk that the defendant will
19                ❑      obstruct or attempt to obstruct justice.
20                ❑      threaten, injure or intimidate a prospective witness or juror, or
21                       attempt to do so.
22         The Court bases its conclusions on the following:
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24                                             VI.
25         IT IS THEREFORE ORDERED that the defendant be detained until trial.
26   The defendant will be committed to the custody ofthe Attorney General for
27   confinement in a corrections facility separate, to the extent practicable, from
     persons awaiting or serving sentences or being held in custody pending appeal.

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         Case 2:21-cr-00567-AB Document 9 Filed 01/12/22 Page 4 of 4 Page ID #:22



 1   The defendant will be afforded reasonable opportunity for private consultation
 2   with counsel. On order of a Court of the United States or on request of any
 3   attorney for the Government, the person in charge ofthe corrections facility in
 4   which defendant is confined will deliver the defendant to a United States Marshal
 5   for the purpose of an appearance in connection with a court proceeding.

 6 [18 U.S.C. § 3142(1)]
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     Dated: 1/12/2022                             ~~~
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                                           HON. ROZELLA A. OLIVER
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