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Order of Detention (Central District of California, Document 10)

Summary

Order of detention in the Central District of California, Case 2:24-mj-05734-DUTY, Document 10, filed 09/23/24. On the Government's motion and its allegation of a serious risk that the defendant will flee, the Court finds that no condition or combination of conditions will reasonably assure the appearance of the defendant as required. It considered the nature of the offenses charged, the weight of the evidence, the defendant's history and characteristics, the danger to the community, and the Pretrial Services Report. The findings rest on flight risk; the handwritten explanation does not come through legibly in the scanned text. The order is signed by U.S. Magistrate Judge Rosenbluth.

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Cite this document

“Order of Detention (Central District of California, Document 10).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-2-24-mj-05734-dkt-10-c-d-cal-532d937afc/, SHA-256 33de115e4f70d63a554fb2e15062675e781823a20f8b26adc9a7b7d89d1e3d5c.

Full text

Case 2:24-mj-05734-DUTY    Document 10    Filed 09/23/24     Page 1 of 4 Page ID #:30



                                                                       FILED
 1                                                          CLERK, U.S. DISTRICT COURT

 2
                                                                  SEP 2 32024
 3
                                                           CENTRAL DISTRICT OF CALIFORNIA
                                                           gY                     DEPUfY
 4
 5
 6
 7
 g                    UNITED STATES DISTRICT COURT
 9                   CENTRAL DISTRICT OF CALIFORNIA
10
11    UNITED STATES OF AMERICA,                      Case No.: /~✓ 2`f -~?3~
12'                                Plaintiff,        ORDER OF DETENTION
13    v.
14
      q b i o la dew,~ ~vad ri ,
15                                 Defendant.
16
17                                              I.
18    A.   () On motion of the Government in a case allegedly involving:
19          1.   () a crime of violence.
20         2.    () an offense with a maximum sentence of life imprisonment or death.
21         3.    ()    a narcotics orcontrolled-substance offense with a maximum sentence
22                     of 10 or more years.
23         4.    () any felony if defendant has been convicted of two or more prior
24                     offenses described above.
25         5.    () any felony not otherwise a crime of violence that involves a minor
26                     victim, possession or use of a firearm or destructive device or any
27                     other dangerous weapon,or failure to register under 18 U.S.C.§ 2250.
28
Case 2:24-mj-05734-DUTY     Document 10   Filed 09/23/24   Page 2 of 4 Page ID #:31




 1   B.   (v~ On motion by the Government/( )on Court's own motion, in a case
 2               allegedly involving:
 3        (~ On the further allegation by the Government of:
 4               1.   (✓~ a serious risk that the defendant will flee.
 5               2.   () a serious risk that the defendant will:
 6                     a.    () obstruct or attempt to obstruct justice.
 7                     b.    () threaten, injure or intimidate a prospective witness or
 8                    juror, or attempt to do so.
 9   C.   The Government( )is/( ~s not entitled to a rebuttable presumption that no
10        condition or combination of conditions will reasonably assure the defendant's
11        appearance as required and the safety or any person or the community.
12
13                                            II.
14   A. (~ The Court finds that no condition or combination of conditions will
15              reasonably assure:
16         1.   (v~ the appearance of the defendant as required.
17                    () and/or
18        2.    () the safety of any person or the community.
19   B.   ()    The Court finds that the defendant has not rebutted by sufficient evidence to
20              the contrary the presumption provided by statute.
21
22                                           III.
23        The Court has considered:
24   A.   (X) the nature and circumstances of the offenses) charged, including whether
25              the offense is a crime of violence, a Federal crime ofterrorism, or involves
26              a minor victim or a controlled substance, firearm, explosive, or destructive
27              device;
28   B.   (X) the weight ofthe evidence against defendant;

                                          Page 2 of4
Case 2:24-mj-05734-DUTY    Document 10     Filed 09/23/24   Page 3 of 4 Page ID #:32




 1   C.   (X) the history and characteristics of the defendant; and
 2   D.   (X) the nature and seriousness of the danger to any person or the community.
 3
 4                                             IV.
 5         The Court also has considered all the evidence adduced at the hearing, the
 6 , arguments and/or statements of counsel, and the Pretrial Services Report and
 7   recommendation.
 8
 9                                              V.
10        The Court bases the foregoing findings) on the following:
11   A.   (~~ Flight risk:
12         Sio~Vl r'~i'Ca(/I~" -FGt ~'V!I ~I/ QVIG~ C/(/S~`✓IPSS -~(PS f0 ~I~g2►'lol'
13         ~as a ~ p~ r~►~ tl4 p~G' vl hrv~ G f~ "~ e ~ ti e C o ~vl~ v~a a
14         ~,o u,~ -h~-i ~~~'!-~ wG1~~ itie do No f ha v~ G v~ -~-{-►tea di~-itn~
                     i
15           re.~~i, a s c o - ~o~ S p;f~t~ ~ d ~d~ hG d o~. ~ — ~vu.,y pia v~ e
16         -~1~~ket    l~~ ~r~l   ~~Mr1~ti✓1 ~c~f~   ~W ~a.t co v►~l            na~t u~ 'z
17          o5si~(e access ~ lGr e              (~l'l0✓~'1~3 a-F cl~a~1e        USe ~
18                                          ~1i~r1~ 9 of
          0~c✓'s'~e►^5a►~ c1 i~f►fie►'S - Grc                              dn     f~
19        -~r~rq ~ c o vYrt~'eS
20
21   B.   ()    Danger:
22
23
24
25
26
27
28

                                          Page 3 of 4
Case 2:24-mj-05734-DUTY      Document 10    Filed 09/23/24   Page 4 of 4 Page ID #:33




 1                                              VI.
 2    A.   () The Court finds a serious risk that defendant will:
 3                1.   () obstruct or attempt to obstruct justice.
 4               2.    ()      attempt to/( )threaten, injure or intimidate a witness or juror.
 5    B.   The Court bases the foregoing findings) on the following:
 6
 7
 8
 9
10~                                            VII.
11    A.   IT IS THEREFORE ORDERED that the defendant be detained before trial.
12    B.   IT IS FURTHER ORDERED that the defendant be committed to the custody ofthe
13         Attorney General for confinement in a corrections facility separate, to the extent
14         practicable, from persons awaiting or serving sentences or being held in custody
15         pending appeal.
16    C.   IT IS FURTHER ORDERED thatthe defendant be afforded reasonable opportunity
17         for private consultation with counsel.
18    D.   IT IS FURTHER ORDERED that on order of a Court of the United States or on
19         request ofany attorney for the Government,the person in charge ofthe corrections
20         facility in which defendant is confined deliver the defendant to a U.S. marshal for
21         the purpose of an appearance in connection with a court proceeding.
22
23
24    DATED: ( 23 Z
                                           J AN ROSENBLUTH
25                                         U.S. MAGISTRATE JUDGE
26
27
28

                                           Page 4 of4


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