Order of Detention Pending Trial (Modified) — United States of America v. Fatiu Ismaila Lawal, Case 3:23-cr-05034-RJB (Dkt. 52, W.D. Wash.)

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An order of detention pending trial (form AO 472, modified) for Fatiu Ismaila Lawal in the U.S. District Court for the Western District of Washington, case 3:23-cr-05034-RJB, filed as Document 52. The court considered the stipulation of defense counsel and found that detention is warranted, and the order is entered without prejudice. It records that the defendant knowingly and voluntarily stipulated to detention without prejudice and that he may request a detention hearing, which the court will then schedule. The defendant is committed to the custody of the Attorney General pending trial and must be delivered to a United States Marshal for court appearances. It is dated 7/15/2024 and signed by Theresa L. Fricke, United States Chief Magistrate Judge.

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Case 3:23-cr-05034-RJB Document 52 Filed 07/15/24 Page 1 of 3

AO 472 (Rev. 02/24) Order of Detention Pending Trial (Modified)

UNITED STATES DISTRICT COURT
for the
Western District of Washington

United States of America )
V. )
. . ) Case No. 3:23-cr-05034-RJB-1
Fatiu Ismaila Lawal )
Defendant
DETENTION ORDER

Part I - Eligibility for Detention

[1 the Government, in a case involving an enumerated offense, 18 U.S.C. § 3142(f)(1), or
the Government or Court, in a case involving a serious flight risk, 18 U.S.C. § 3142(f)(2)(A), or
[ the Government or Court, in a case involving serious obstruction risk, 18 U.S.C. § 3142(f)(2)(B),

Upon motion of:

the Court considered the stipulation of defense counsel and found detention is warranted. This order sets forth the
Court’s order and is entered without prejudice.

Part II - Findings of Fact and Law as to Presumptions under § 3142(e)

L] A. Rebuttable Presumption Arises Under 18 U.S.C. § 3142(e)(3) (narcotics, firearm, other offenses):
There is a rebuttable presumption that no condition or combination of conditions will reasonably assure the
appearance of the defendant as required and the safety of the community because there is probable cause to
believe that the defendant committed an offense:

L] (1) for which a maximum term of imprisonment of 10 years or more is prescribed in the
Controlled Substances Act (21 U.S.C. §§ 801-904), the Controlled Substances Import and
Export Act (21 U.S.C. §§ 951-971), or Chapter 705 of Title 46, U.S.C. (46 U.S.C. §§ 70501-70508);

L] (2) under 18 U.S.C. §§ 924(c) (firearm), 956(a) (violent foreign conspiracy), or 2332b (terrorism);

LJ (3) listed in 18 U.S.C. § 2332b(g)(5)(B) (terrorism-related offenses) for which a maximum term of
imprisonment of 10 years or more is prescribed;

CI (4) under 18 U.S.C. §§ 1581-1597 (slavery and human trafficking) for which a maximum term of
imprisonment of 20 years or more is prescribed; or

LC (5) involving a minor victim under 18 U.S.C. §§ 1201, 1591, 2241, 2242, 2244(a)(1), 2245, 2251,
2251A, 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2), 2252 A(a)(3), 2252A(a)(4),
2260, 2421, 2422, 2423, or 2425.

L] B. Rebuttable Presumption Arises Under 18 U.S.C. § 3142(e)(2) (prior pretrial release violator): There is
a rebuttable presumption that no condition or combination of conditions will reasonably assure the safety of any
other person and the community because the following conditions have been met:
LJ (1) the defendant is charged with one of the following crimes described in 18 U.S.C. § 3142(f)(1):
L] (a) 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 10 years or more is prescribed; or
LJ (b) an offense for which the maximum sentence is life imprisonment or death; or

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Case 3:23-cr-05034-RJB Document 52 Filed 07/15/24 Page 2 of 3
AO 472 (Rev. 02/24) Order of Detention Pending Trial (Modified)

L] (c) an offense for which a maximum term of imprisonment of 10 years or more is prescribed in
the Controlled Substances Act (21 U.S.C. §§ 801-904), the Controlled Substances Import and
Export Act (21 U.S.C. §§ 951-971), or Chapter 705 of Title 46, U.S.C. (46 U.S.C. §§ 70501-
70508); or
CL] (d) any felony if such person has been convicted of two or more offenses described in
subparagraphs (a) through (c) of this paragraph, or two or more State or local offenses that would
have been offenses described in subparagraphs (a) through (c) of this paragraph if a circumstance
giving rise to Federal jurisdiction had existed, or a combination of such offenses; or
C] (e) any felony that is not otherwise a crime of violence but involves:
(i) a minor victim; (ii) the possession of a firearm or destructive device (as defined in 18 U.S.C.
§ 921); (iii) any other dangerous weapon; or (iv) a failure to register under 18 U.S.C. § 2250; and
[] (2) the defendant has previously been convicted of a Federal offense that is described in 18 U.S.C.
§ 3142()(1), or of a State or local offense that would have been such an offense if a circumstance giving
rise to Federal jurisdiction had existed; and
_] (3) the prior conviction described in paragraph (2) involves an offense committed while the
defendant was on release pending trial for a Federal, State, or local offense; and
LJ (4) a period of not more than five years has elapsed since the date of conviction, or the release of the
defendant from imprisonment, for the offense described in paragraph (2) above, whichever is later.

C. Conclusions Regarding Applicability of Any Presumption Established Above

(1 The defendant has not introduced sufficient evidence to rebut the presumption above, and detention
is ordered on that basis. (Part III need not be completed.)

OR

L] The defendant has presented evidence sufficient to rebut the presumption, but after considering the
presumption and the other factors discussed below, detention is warranted.

Part III - Analysis and Statement of the Reasons for Detention

After considering the factors set forth in 18 U.S.C. § 3142(g) and the information presented at the detention
hearing, the Court concludes that the defendant must be detained pending trial because:

L] Flight Risk: The government proved by a preponderance of evidence that no condition or combination of
conditions of release will reasonably assure the defendant’s appearance as required.

(1 Dangerousness: The government proved by clear and convincing evidence that no condition or combination
of conditions of release will reasonably assure the safety of any other person and the community.

Stipulation: The defendant knowingly and voluntarily stipulated to detention without prejudice. The Court

affirmed the defendant may request a detention hearing and upon such request the Court will schedule a
detention hearing.

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Case 3:23-cr-05034-RJB Document 52 Filed 07/15/24 Page 3 of 3

AO 472 (Rev. 02/24) Order of Detention Pending Trial (Modified)

In addition to any findings made on the record at the hearing, the reasons for detention include the following:

LJ Nature and circumstances of the offense

C1 Subject to lengthy period of incarceration if convicted
CL] Weight of evidence against the defendant is strong (least important factor)
L] History of violence or use of weapons

[1 Attempt(s) to evade law enforcement or escape

LJ Criminal history

L] Failure(s) to appear in court as ordered

[J On probation, parole, or supervision during the current offense/arrest
LJ Violations of probation, parole, or supervised release

[1] Lack of stable residence

[1 Lack of legal status in the United States

L) Lack of significant family ties

L] Significant family or other ties outside the United States
L] Lack of significant community ties

L] Lack of stable employment

LI] Lack of financially responsible sureties

[] Dishonest conduct, false statements, or fraud

LI Use of alias(es) or false documents

L] History of alcohol or substance abuse

C1 Lack of financial ties

C1 Unstable mental condition

OTHER REASONS OR FURTHER EXPLANATION:
All the reasons stated on the record at the detention hearing.

Part IV - Directions Regarding Detention

The defendant is remanded to the custody of the Attorney General or to the Attorney General’s designated
representative for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or
serving sentences or being held in custody pending appeal. The defendant must be afforded a reasonable opportunity
for private consultation with defense counsel. 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 must deliver the defendant to a United States
Marshal for the purpose of an appearance in connection with a court proceeding.

Dated: 7/15/2024 Sewbsx x Srcke.

Hon. Theresa L. Fricke
United States Chief Magistrate

Judge
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