Order of Detention — United States v. Martin (Central District of California, Document 202)
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An Order of Detention After Hearing (form CR-94) in United States of America v. a defendant surnamed Martin, Case No. CR-22-00205-JFW-11, U.S. District Court for the Central District of California, Document 202, filed 07/14/22. The form cites 18 U.S.C. §3142(1) and has sections for the Government's motion, the findings that no condition or combination of conditions will reasonably assure the defendant's appearance or the safety of any person or the community, and the factors the Court has considered. The final part states that the defendant be detained prior to trial and committed to the custody of the Attorney General for confinement in a corrections facility.
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Cite this document
“Order of Detention — United States v. Martin (Central District of California, Document 202).”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-2-22-cr-00205-dkt-202-c-d-cal-55290d239a/
, SHA-256 e511728fb4f87db0ad66b24f431039f2621a69dffc77a9f6bad0e0513ed534a0.Full text
Case 2:22-cr-00205-JFW Document 202 Filed 07/14/22 Page 1 of 4 Page ID #:615
1
FII.~D
CLlR U:$. DISTRICT
2
3 ~11~~1 ~Z
4 ~Ifpi11L !CT OF CALIF(3RNiA ~
5
6 ; UNITED STATES DISTRICT COURT
7 CENTRAL DISTRICT OF CALIFORNIA
8
UNITED STATES OF AMERICA,
9
10 Plaintiff, CASE NO. CR-22-00205-JFW-11
11 v.
12 DOMIr1IQUE CHARMONE ORDER OF DETENTION
MARTIN,
13
14 Defendant. )
15
16 I.
17 A. O On motion ofthe Government in a case allegedly involving:
18 1.() a crime of violence.
19 2.() an offense with maximum sentence of life imprisonment or death.
20 3.() a narcotics or controlled substance offense with maximum sentence
21 often or more years .
22 4.() any felony -where the defendant has been convicted oftwo or more
23 prior offenses described above.
24 5.() any felony that is not otherwise a crime of violence that involves a
25 minor victim, or possession or use ofa firearm or destructive device
26 or any other dangerous weapon, or a failure to register under 18
27 U.S.0 § 2250.
28 B.(~ On motion by the Government /()on Court's own motion, in a case
ORDER OF DETENTION AFTER HEARING (18 U.S.C. §3142(1))
CR-94(06/07) Page 1 of4
Case 2:22-cr-00205-JFW Document 202 Filed 07/14/22 Page 2 of 4 Page ID #:616
1 allegedly involving:
2 (v~ On the further allegation by the Government of:
3 1.(~ a serious risk that the defendant will flee.
4 2.() a serious risk that the defendant will:
5 a.()obstruct or attempt to obstruct justice.
6 b.()threaten, injure, or intimidate a prospective witness or juror or
7 attempt to do so.
8 C. The Government()is/(~s not entitled to a rebuttable presumption that no
9 condition or combination ofconditions will reasonably assure the defendant's
10 appearance as required and the safety of any person or the community.
11
12 II.
13 A.(v~ The Court finds that no condition or combination of conditions will
14 reasonably assure:
15 1. (Jj the appearance of the defendant as required.
16 (~ and/or
17 2. (v~ 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
21 ' III.
22 The Court has considered:
23 A. the nature and circumstances ofthe offenses)charged,including whether the
24 offense is a crime ofviolence,a Federal crime ofterrorism, or involves a minor
25 victim or a controlled substance, firearm, explosive, or destructive device;
26 B. the weight of evidence against the defendant;
27 C. the history and characteristics ofthe defendant; and
28 D. the nature and seriousness of the danger to any person or to the community.
ORDER OF DETENTION AFTER HEARING (18 U.S.C. §3142(1))
~ CR-94 (06/07) Page 2 of4
Case 2:22-cr-00205-JFW Document 202 Filed 07/14/22 Page 3 of 4 Page ID #:617
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
6 1~
7 The Court bases the foregoing findings) on the following:
8 A.(~ As to flight risk: ~~~ ~ ~e~~S ; ~r,'or ~Lt~~r~
9 o~ u)a,r'ra.vats and -Fa,~~ l u..r~s -I-o a ppeat ; 5rwb ~1-a.n c.~.
io ovb~n ~e is~u.ers ; i~n~~~,'ci.e.wt b ail r~5o uX'~.s
11
12
13
14
15
16 B.(~ As to danger: ~-~u.re o~ O~r ~~.n,~s ~ ~J Ir"i'6-Y'
17
18
19
20
21
22
23
24 VI.
25 A.() The Court finds that a serious risk exists that the defendant will:
26 1.()obstruct or attempt to obstruct justice.
27 2.()attempt to/( )threaten, injure or intimidate a witness or juror.
28
ORDER OF DETENTION AFTER HEARING (18 U.S.C. §3142(1))
CR-94 (06/07) Page 3 of4
Case 2:22-cr-00205-JFW Document 202 Filed 07/14/22 Page 4 of 4 Page ID #:618
1 B. The Court bases the foregoing findings) on the following:
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3
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8
9 VII.
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11 A. IT IS THEREFORE ORDERED that the defendant be detained prior to trial.
12 B. IT IS FURTHER ORDERED that the defendant be committed to the
13 custody of the Attorney General for confinement in a corrections facility
14 separate, to the extent practicable, from persons awaiting or serving
15 sentences or being held in custody pending appeal.
16 C. IT IS FURTHER ORDERED that the defendant be afforded reasonable
17 opportunity for private consultation with counsel.
18 D. IT IS FURTHER ORDERED that, on order of a Court of the United States
~•l or on request of any attorney for the Government,the person in charge of
20 the corrections facility in which the defendant is confined deliver the
21 defendant to a United States marshal for the purpose of an appearance in
22 connection with a court proceeding.
23
24
25
26 ~ DATED: ~J 14. 2022
HONORABLE ICIA G. OSENBERG
27 UNITED STATES MAGISTRATE JUDGE
28
ORDER OF DETENTION AFTER HEARING (18 U.S.C. §3142(1))
CR-94 (06/07) Page 4 of4
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