Order of Pretrial Detention After Hearing (Central District of California, Document 9)
Summary
Order of pretrial detention after hearing in the Central District of California, Case 2:25-mj-02365-DUTY, Document 9, filed 04/21/25. The Government moved for detention in a case it says involves a crime of violence and a serious risk that the defendant will flee. The Court finds by a preponderance of the evidence that no condition or combination of conditions will reasonably assure the defendant's appearance, and by clear and convincing evidence that none will reasonably assure the safety of other persons and the community. It orders the defendant detained prior to trial and committed to the custody of the Attorney General. The handwritten reasons and the defendant's name do not come through legibly in the scanned text; the order is signed by Judge Chooljian.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Order of Pretrial Detention After Hearing (Central District of California, Document 9).”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-2-25-mj-02365-dkt-9-c-d-cal-5196d9a337/
, SHA-256 9f4508fdfd278c7f3f72a4ac45e4ac4b221e2a15d9b42f76776602befeb5be5e.Full text
Case 2:25-mj-02365-DUTY Document 9 Filed 04/21/25 Page 1 of 5 Page ID #:26
1
2 FILED
CLERK, U.S. DISTRICT COURT
3
APR 212025
4
CENT T CALIFORNIA
5 BY DEPUTY
6
7
8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10 UNITED STATES OF AMERICA, ) Case No. Z • ZS~n~I ~4 ~-3 ~•.S~
11 Plaintiff, ) ORDER OF PRETRIAL DETENTION
12 AFTER HEARING
v. ) (18 U.S.C. § 3142(1))
13 M av ~asa- M~C(a~v,
14 Defendant.
15
I.
16
A. ( ") Upon motion of the Governme
17 nt in a case that involves:
1. (V) a crime of violence or an offe
18 nse listed in
18 U.S.C. § 2332b(g) (5)(B), for whic
19~ h a
maximum term of imprisonment of ten
20 (10)
years or more is prescribed; or
21
2. ( ) an offense for which the maximum
22 sentence is
life imprisonment or death; or
23
3. ( ) an offense for which a maximum term
24 of
imprisonment of ten (10) years or
25 more is
prescribed in the Controlled Subs
26 tances Act,
Controlled Substances Import and Expo
27 rt Act
or Maritime Drug Law Enforcement
28 Act; or
Case 2:25-mj-02365-DUTY Document 9 Filed 04/21/25 Page 2 of 5 Page ID #:27
1 4. ( ) any felony if defendant has been convicted of
2 two or more offenses described in
3 subparagraphs 1-3 above, or two or more state
4 or local offenses that would have been
5 offenses described in subparagraphs 1-3 above
6 if a circumstance giving rise to federal
7 jurisdiction had existed, or a combination of
8 such offenses.
9 5. ( ) any felony that is not otherwise a crime of
10 violence that involves a minor victim, or
11 possession or use of a firearm or destructive
12 device or any other dangerous weapon, or a
13 failure to register under 18 U.S.C. § 2250.
14 B. Upon motion ( ~~ of by the Government ( ) of the Court sua
15 sponte, in a case that involves:
l
16 1. ( ~ a serious risk that defendant will flee;
17 2. ( ) a serious risk that defendant will
18 a. ( ) obstruct or attempt to obstruct justice;
19 or
20 b. ( ) threaten, injure, or intimidate a
21 prospective witness or juror or attempt
22 to do so.
23 C. The Government ( ) is (~s not entitled to a rebuttable
24 presumption that no condition or combination of conditions will
25 reasonably assure defendant's appearance as required and the safety of
26 any person or the community.
27
28
2
Case 2:25-mj-02365-DUTY Document 9 Filed 04/21/25 Page 3 of 5 Page ID #:28
1 II.
2 A. (✓ ) The Court finds by a preponderance of the evidence
3 that no condition or combination of conditions
4 will reasonably assure the appearance of defendant
5 as required;
6 B. (,~ The Court finds by clear and convincing evidence
7 that no condition or combination of conditions
8 will reasonably assure the safety of any other
9 person and the community.
10
11 M~~*
12 The Court has considered:
13 A. ( ,/S the nature and circumstances of the offense (s) charged;
14 B. ( t/) the weight of the evidence against defendant;
15 C. ( v) the history and characteristics of defendant;
16 D. ( l~ the nature and seriousness of the danger to any person
17 or the community that would be posed by defendant's
18 release;
19 E. ( ~ the Pretrial Services Report/Recommendation;
20 F. ( ~ the evidence proffered/presented at the hearing;
21 G. ( ~ the arguments of counsel.
22 ///
23 ///
24 ///
25 ///
26 ///
27 ///
28
3
Case 2:25-mj-02365-DUTY Document 9 Filed 04/21/25 Page 4 of 5 Page ID #:29
6
1 IV.
2 The Court concludes:
3 A. ( ") Defendant poses a risk to the safety of other persons
4 and the community based on: i~n~~^~' E~~~.~
s - ~ h:~
6
7
8 B. ( ,/~ Defendant poses a serious flight risk based on:
9 I t n ~•b Ie, ~ ea%~o~„s.~- ~ 'e-~-p 10..,,E-~„~' ti•~ u~,,ti...~~ -~-•,~. ~ ~ h
10 ~~►tea ~' 1~.~ ~ e., h~l~ ' ~ r^'. 0~'~-~ S~"~ ~
11 h; ~ha~r-~ c~ -'snre,ti:,. —ivlrve~-~ mss►-~.-~ --~o c-~n~rari
12 C. ( ) A serious risk exists that defendant will:
13 1. ( ) obstruct or attempt to obstruct justice;
14 2. ( ) threaten, injure or intimidate a prospective
15 witness or juror or attempt to do so;
16 based on:
17
18
19
20 D. ( ) Defendant has not rebutted by sufficient evidence to
21 the contrary the presumption provided in 18 U.S.C.
22 ~ 3142 (e) that no condition or combination of
23 conditions will reasonably assure the safety of any
24 other person and the community;
25 and/or
26
27
28
4
Case 2:25-mj-02365-DUTY Document 9 Filed 04/21/25 Page 5 of 5 Page ID #:30
1 ( ) Defendant has not rebutted by sufficient evidence to
2 the contrary the presumption provided in 18 U.S.C.
3 § 3142(e) that no condition or combination of
4 conditions will reasonably assure the appearance of
5 defendant as required.
6 IT IS ORDERED that defendant be detained prior to trial.
7 IT IS FURTHER ORDERED that defendant be committed to the custody
8 of the Attorney General for confinement to a corrections facility
9 separate, to the extent practicable, from persons awaiting or serving
10 sentences or persons held in custody pending appeal.
11 IT IS FURTHER ORDERED that defendant be afforded reasonable
12 opportunity for private consultation with defendant's counsel.
13 IT IS FURTHER ORDERED that, on Order of a Court of the United
14 States or on request of an attorney for the Government, the person in
15 charge of the corrections facility in which defendant is confined
16 deliver defendant to a United States Marshal for the purpose of an
17 appearance in connection with a court proceeding.
18 DATED: ~/Z(~ZoZ,~
19
20
H ORABLE JACQU NE CHOOLJIAN
21 nited States M istrate Judge
22
23
24
25
26
27
28
5
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