Order of Pretrial Detention After Hearing — Case 2:23-mj-04608 (C.D. Cal.)

Summary

An Order of Pretrial Detention After Hearing filed September 11, 2023 as Document 10 in Case 2:23-mj-04608, in the U.S. District Court for the Central District of California. The form sets out grounds on which the government or the court may move for detention, including a serious risk of flight or of obstruction, and lists factors the Court considered, among them the nature and circumstances of the offenses charged, the weight of the evidence, the Pretrial Services Report/Recommendation and arguments of counsel. It states the findings required by 18 U.S.C. § 3142(e) and orders that the defendant be detained prior to trial. It further orders commitment to the custody of the Attorney General and a reasonable opportunity for private consultation with counsel.

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Case 2:23-mj-04608-DUTY Document 10 Filed 09/11/23 Page1of5 Page ID#:57

FILED
CLERK, U.S. DISTRICT COURT

SEP 4 | aia

i
a RICT OF CALIFORNIA

UNITED STATES DISTRICT COURT

CENTRAL

UNITED STATES OF AMERICA,

DISTRICT OF CALIFORNIA

Case No. o> MO} == Yoo

)
)
Plaintiff, ) ORDER OF PRETRIAL DETENTION
) AFTER HEARING
Wis ) (18 U.S.C. § 3142(3))
)
Hay k Martires yan \
Defendant. )
)
A. ( ) Upon motion of the Government in a case that involves:
dae ( ) a crime of violence or an offense listed in

18 U.S.€.. §& 2382b(¢) (5) UB), Or whieh a

maximum term of imprisonment of ten (10)

years or more is prescribed; or

ae ( ) an offense for which the maximum sentence is

life imprisonment or death; or

it ( ) an offense for which a maximum term of

imprisonment of ten (10) years or more is

prescribed in the Controlled Substances Act,

Controlled Substances Import and Export Act

or Maritime Drug Law Enforcement Act; or
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Case 2:23-mj-04608-DUTY Document 10 Filed 09/11/23 Page 2o0f5 Page ID #:58

4. ( ) any felony if defendant has been convicted of
two or more offenses described in
subparagraphs 1-3 above, or two or more state
or local offenses that would have been
offenses described in subparagraphs 1-3 above
if a circumstance giving rise to federal
jurisdiction had existed, or a combination of
such offenses.

o% ( ) 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.

Bia Upon motion (”% ) of by the Government ( ) of the Court sua
sponte, in a case that involves:
dle ( PF. natin risk that defendant will flee;
2. { ) a serious risk that defendant will
a. ( ) obstruct or attempt to obstruct justice;
or
lon ( ) threaten, injure, or intimidate a

prospective witness or juror or attempt
to do so.
Cus The Government ( ) is (#” is not entitled to a rebuttable
presumption that no condition or combination of conditions will
reasonably assure defendant’s appearance as required and the safety of

any person or the community.
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Case 2:23-mj-04608-DUTY Document 10 Filed 09/11/23 Page 3o0f5 Page ID #:59

///
///
///
///

A. ( a

The Court has

A. (A the
B. ( 4% the

D. ( A the

The Court finds by a preponderance of the evidence
that no condition or combination of conditions
will reasonably assure the appearance of defendant
as required;
The Court finds by clear and convincing evidence
that no condition or combination of conditions
will reasonably assure the safety of any other

person and the community.

considered:
nature and circumstances of the offense(s) charged;
weight of the evidence against defendant;
history and characteristics of defendant;

nature and seriousness of the danger to any person

or the community that would be posed by defendant’s

release;

E. (FT the

ae ( ey the

G. (zy the

Pretrial Services Report/Recommendation;
evidence proffered/presented at the hearing;

arguments of counsel.
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Case 2:23-mj-04608-DUTY Document 10 Filed 09/11/23 Page 4of5 Page ID #:60

The Court concludes:

A.

( ) Defendant poses a risk to the safety of other persons

and the community based on:

7 an poses a serious flight risk based on:

( ) A serious risk exists that defendant will:

ile ( ) obstruct or attempt to obstruct justice;
2 is ( ) threaten, injure or intimidate a prospective
witness or juror or attempt to do so;

based on:

( ) Defendant has not rebutted by sufficient evidence to
the contrary the presumption provided in 18 U.S.C.
§ 3142(e) that no condition or combination of
conditions will reasonably assure the safety of any
other person and the community;

and/or
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Case 2:23-mj-04608-DUTY Document 10 Filed 09/11/23 Page5of5 Page ID #:61

( ) Defendant has not rebutted by sufficient evidence to
the contrary the presumption provided in 18 U.S.C.
§ 3142(e) that no condition or combination of
conditions will reasonably assure the appearance of
defendant as required.

IT IS ORDERED that defendant be detained prior to trial.

IT IS FURTHER ORDERED that defendant be committed to the custody
of the Attorney General for confinement to a corrections facility
separate, to the extent practicable, from persons awaiting or serving
sentences or persons held in custody pending appeal.

IT IS FURTHER ORDERED that defendant be afforded reasonable
opportunity for private consultation with defendant’s counsel.

IT IS FURTHER ORDERED that, on Order of a Court of the United
States or on request of an attorney for the Government, the person in
charge of the corrections facility in which defendant is confined
deliver defendant to a United States Marshal for the purpose of an

appearance in connection with a court proceeding.

RABLE JACQUBMINE CHOOLJIAN
nited States Magistrate Judge


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