Court filing — No. 5:22-cr-00082 (Dkt. 7, C.D. Cal.)

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This order in the Central District of California, Case No. 5:22-CR-00082-SB, was filed 03/25/2022, on a form that states the Court's findings on whether any condition or combination of conditions will reasonably assure the defendant's appearance and the safety of any person or the community. It cites the presumption provided in 18 U.S.C. § 3142(e). The order states that the defendant be detained prior to trial and committed to the custody of the Attorney General for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences. It also orders that the defendant be afforded reasonable opportunity for private consultation with counsel.

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Case 5:22-cr-00082-SB Document 7 Filed 03/25/22 Pagelof4 Page ID #:24

FILED
CLERK, U.S. DISTRICT COURT

03/25/2022
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA, Case No.: 5:22-CR-00082-SB
Plaintiff,
ORDER OF PRETRIAL
S.C, e), (i
Defendant.
L
A. (Y) On motion of the Government in a case that involves:

1. () acrime of violence, a violation of 18 U.S.C. § 1591, or an
offense listed in 18 U.S.C. § 2332b(g)(5)(B) for which a
maximum term of imprisonment of ten years or more is
prescribed.

2. (Y) an offense for which the maximum sentence is life
imprisonment or death.

3. (an offense for which a maximum term of imprisonment of ten
years or more is prescribed in the Controlled Substances Act,
the Controlled Substances Import and Export Act, or the

Maritime Drug Law Enforcement Act.
ON DB WN FP W NYO KY DO Bn HDB NH BP WO NO KF CO

Case 5:22-cr-00082-SB Document? Filed 03/25/22 Page 2of4 Page ID#:25

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

5. () any felony that is not otherwise a crime of violence that

involves a minor victim, or that involves possession or use of a

firearm or destructive device or any other dangerous weapon, or

that involves a failure to register under 18 U.S.C § 2250.
B. Onmotion (\) by the Government / (_) of the Court sua sponte in a case
that involves:

1. o) a serious risk defendant will flee.

Dr () aserious risk defendant will:
a. () obstruct or attempt to obstruct justice.
b. ( ) threaten, injure or intimidate a prospective witness or

juror, or attempt to do so.
C. |The Government (Y) 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 or any person or the

community.

Il.
The Court finds that no condition or combination of conditions will
reasonably assure:
A. ) the appearance of defendant as required.
B. (Y the safety of any person or the community.
CoN DN ON BP WN KH OD O Bn DB HT BP WO NYO KF CO

Case 5:22-cr-00082-SB Document 7 Filed 03/25/22 Page 30f4 Page ID #:26

Il.
The Court has considered:
the nature and circumstances of the offense(s) charged;
the weight of the evidence against defendant;

the history and characteristics of defendant; and

the nature and seriousness of the danger to any person or the community that
would be posed by defendant’s release.

IV.
The Court has considered all the evidence proffered and presented at the
hearing, the arguments and/or statements of counsel, and the Pretrial Services
Report and recommendation.

V.
The Court concludes:

A. (X) Defendant poses a serious flight risk based on:

(X) information in Pretrial Services Report and Recommendation

B. (\) Defendant poses a risk to the safety of other persons and the
community based on:

( information in Pretrial Services Report and Recommendation

(X) other: diet Gn t

C. ()_ A serious risk exists that defendant will:
1. (_ ) obstruct or attempt to obstruct justice,

2. ( ) threaten, injure, or intimidate a witness/juror, or attempt to do so,
Co AN KD OA BR W NO

Case 5:22-cr-00082-SB Document? Filed 03/25/22 Page 4o0f4 Page ID #:27

DATED: Math 26, 202%

based on:

(Y) 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.

(\) 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.

VI.

IT IS THEREFORE 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 in a corrections facility separate, to the

extent practicable, from persons awaiting or serving sentences or being held
in custody pending appeal.

IT IS FURTHER ORDERED that defendant be afforded reasonable

opportunity for private consultation with 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.

United States Magistrate Judge


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