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Order of Detention — United States v. James Antonio Johnson (Central District of California, Document 215)

Summary

An Order of Detention in United States of America v. James Antonio Johnson, Case 2:22-cr-00205-JFW, U.S. District Court for the Central District of California, Document 215, filed 08/01/22. In its flight-risk findings the order states that the defendant has a history of using aliases, a history of failing to appear, and mental health and substance use concerns, and that the offense conduct involves alleged use of fraudulent identifications and access devices. In its danger findings it states that the defendant has an extensive criminal history, was on parole when the instant offense conduct allegedly occurred, and has a longstanding association with the Hoover Crips street gang. It states that the defendant submits on detention and orders the defendant detained prior to trial.

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“Order of Detention — United States v. James Antonio Johnson (Central District of California, Document 215).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-2-22-cr-00205-dkt-215-c-d-cal-d8fe3c8b81/, SHA-256 91de03bc7ad31cdcb239d78bd324a1e123e93447f734e0570e54fa875da5a2fb.

Full text

Case 2:22-cr-00205-JFW Document 215 Filed 08/01/22 Page 1 of 4 Page ID #:647

                                                                      ~---- ~ ~            —_'_ ,-,~.
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                                                                        CLERK, U ` r            —_--


    i                                                                         i1li~ ~ 1 2022
   2                                                                                      OF   CALIDF~P~
                                                                       CENTRAL DIS~R~IC~T               'Y
                                                                                                        T
   3

   4

   5

   6                           UNITED STATES DISTRICT COURT
   7                          CENTRAL DISTRICT OF CALIFORNIA
   8
        ~ U1~TITED STATES OF AMERICA,
   9
  l0                                 Plaintiff,        CASE NO.
  11                   v.                                           2:22-CR-00205-JFW-S
        JAMES ANTONIO JOHNSON
  12                                                    ORDER OF DETENTION
  13

  14                                 Defendant. }
  15

  16                                                    I.

  17         A.()       On motion of the 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                       of ten 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 of a 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 215 Filed 08/01/22 Page 2 of 4 Page ID #:648




   1                       allegedly involving:
   2           (~          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/(~ is not entitled to a rebuttable presumption that no
   9            condition or combination ofconditions will reasonably assure the defendant's
  to            appearance as required and the safety of any person or the community.
  11

  12                                                       II.
  13        A.(~           The Court finds that no condition or combination of conditions will
  14                       reasonably assure:
  15            1. (~         the appearance of the defendant as required.
  16                  (~      and/or
  17            2. (~        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 of violence,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 of the defendant; and
  28       D. the nature and seriousness ofthe 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 215 Filed 08/01/22 Page 3 of 4 Page ID #:649




    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:
   9         The defendant has a history of using aliases (including his twin brother's name), a history of
             failing to appear, and mental health and substance use concerns. The offense conduct also
   10
             involves the defendant's alleged use of fraudulent identifications and access devices.
   11
             The defendant submits on detention.
   12

  13

  14

  15

  16        B.(~          As to danger:
  17         The defendant has an extensive criminal history. Since his release from state custody in
             May 2020, he has been arrested approximately nine times and has sustained multiple parole
  18
             violations, to include battery, access to a firearm, traveling beyond his approved residence,
  19         a rape allegation, and pandering/prostitution charges. The defendant was also on parole
             when he allegedly engaged in the instant offense conduct. The defendant has demonstrated
  20
             through his multiple parole violations and his extensive criminal history that he refuses to
  21         abide by the law and court-ordered conditions of supervision. The defendant also has a
             longstanding association with the Hoover Crips street gang.
  22

  23         The defendant submits on detention.

  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 (IS U.S.C. §3142(1))

        CR-94(06/07)                                                                                    Page 3 of4 ~
Case 2:22-cr-00205-JFW Document 215 Filed 08/01/22 Page 4 of 4 Page ID #:650




   1        B. The Court bases the foregoing findings) on the following:
   2

   3

   4

   5

   6

   7

   8

   9                                                    VII.
  10

  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 custody
  13             ofthe Attorney General for confinement in a corrections facility separate, to
  14             the extent practicable, from persons awaiting or serving sentences or being
  15             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 ofthe United States
  19            or on request of any attorney for the Government, the person in charge of the
  20            corrections facility in which the defendant is confined deliver the defendant
  21            to a United States marshal for the purpose of an appearance in connection
  22            with a court proceeding.
  23

  24

  25

  26   DATED:          gust 1, 2022                                    ~. {r\G~~wu~
                                                               D STATES MAGISTRATE JUDGE
  27

  28

                                 ORDER OF DETENTION AFTER HEARING(18 U.S.C. §3142(1))

       CR-94 (06/07)                                                                    Page 4 of4 ~


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