Detention Order — United States v. Cecilia Navil Aquino, No. 1:21-cr-00144 (Dkt. 8, E.D. Cal.)
Summary
A detention order in United States v. Cecilia Navil Aquino, No. 1:21-cr-00144, in the U.S. District Court for the Eastern District of California, signed June 2, 2021 by Magistrate Judge Sheila K. Oberto after a detention hearing under 18 U.S.C. § 3142(f). The court finds by a preponderance of the evidence that no condition or combination of conditions will reasonably assure Aquino's appearance, and by clear and convincing evidence that none will reasonably assure the safety of any other person and the community. The charged crimes are mail fraud under 18 U.S.C. § 1341 and wire fraud under 18 U.S.C. § 1343, which the order calls a serious crime carrying a maximum penalty of 20 years/$250,000, and it finds the weight of the evidence high. Aquino is committed to the custody of the Attorney General, with reasonable opportunity for private consultation with counsel.
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
Full text
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA, No. 1:21-cr-00144 NONE SKO
Plaintiff,
v. DETENTION ORDER
CECILIA NAVIL AQUINO,
Defendant.
A. Order For Detention
After conducting a detention hearing pursuant to 18 U.S.C. § 3142(f) of the Bail Reform Act, the Court orders the
above-named defendant detained pursuant to 18 U.S.C. § 3142(e) and (i).
B. Statement Of Reasons For The Detention
The Court orders the defendant’s detention because it finds:
X By a preponderance of the evidence that no condition or combination of conditions will reasonably
assure the appearance of the defendant as required.
X By clear and convincing evidence that no condition or combination of conditions will reasonably
assure the safety of any other person and the community.
C. Findings of Fact
The Court’s findings are based on the evidence which was presented in Court and that which was contained in the
Pretrial Services Report, and includes the following:
X (1) Nature and Circumstances of the offense charged:
X (a) The crime, 18 U.S.C. § 1341 - Mail Fraud and 18 U.S.C. § 1343 - Wire Fraud, is a serious crime
and carries a maximum penalty of 20 years/$250,000
(b) The offense is a crime of violence.
(c) The offense involves a narcotic drug.
(d) The offense involves a large amount of controlled substances.
(2) The weight of the evidence against the defendant is high.
(3) The history and characteristics of the defendant including:
(a) General Factors:
unk The defendant appears to have a mental condition which may affect whether the
defendant will appear.
unk The defendant has no known family ties in the area.
unk The defendant has no known steady employment.
unk The defendant has no known substantial financial resources.
unk The defendant is not a long time resident of the community.
unk The defendant does not have any known significant community ties.
Past conduct of the defendant :
unk The defendant has a history relating to drug abuse.
unk The defendant has a significant prior criminal record.
The defendant has a prior record of failure to appear at court proceedings.
Defendant: CECILIA NAVIL AQUINO Page 2 or 2
Case Number: 1:21-cr-00144 NONE SKO
(b) Whether the defendant was on probation, parole, or release by a court;
At the time of the current arrest, the defendant was on:
Probation
X Parole
Release pending trial, sentence, appeal or completion of sentence.
(c) Other Factors:
The defendant is an illegal alien and is subject to deportation.
The defendant is a legal alien and will be subject to deportation if convicted.
Other:
(4) The nature and seriousness of the danger posed by the defendant’s release are as follows:
(5) Rebuttable Presumptions
In determining that the defendant should be detained, the court also relied on the following
rebuttable presumption(s) contained in 18 U.S.C. § 3142(e), which the court finds the
defendant has not rebutted:
a. The crime charged is one described in § 3142(f)(1).
(A) a crime of violence; or
(B) an offense for which the maximum penalty is life imprisonment or death; or
(C) a controlled substance violation that has a maximum penalty of ten years or
more; or
(D) A felony after the defendant had been convicted of two or more prior offenses
described in (A) through (C) above, and the defendant has a prior conviction of one of
the crimes mentioned in (A) through (C) above which is less than five years old and
which was committed while the defendant was on pretrial release
b. There is probable cause to believe that defendant committed an offense for which a
maximum term of imprisonment of ten years or more is prescribed
in the Controlled Substances Act, 21 U.S.C. §§ 801, et seq.,
the Controlled Substances Import and Export Act, 21 U.S.C. §§ 951, et seq.,
the Maritime Drug Law Enforcement Act, 46 U.S.C. App. §§ 1901, et seq., or
an offense under 18 U.S.C. §§ 924(c), 956(a), or 2332b.
an offense involving a minor 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),
2252A(a)(3), 2252A(a)(4), 2260, 2421, 2422, 2423, or 2425.
D. Additional Directives
Pursuant to 18 U.S.C. § 3142(i)(2)-(4), the Court directs that:
The 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;
The defendant be afforded reasonable opportunity for private consultation with counsel; and
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 the defendant is confined deliver the defendant to a United States Marshal
for the purpose of an appearance in connection with a court proceeding.
IT IS SO ORDERED.
Dated: June 2, 2021 /s/ Sheila K. Oberto .
UNITED STATES MAGISTRATE JUDGE
File and source
- File
- gov.uscourts.caed.394755.8.0.pdf
- Size
- 174,572 bytes
- SHA-256
- 8433c8800f25c96d00cb00b717a357cb054320047fb11e88fd2c99c15899db66
- Our copy
- gov.uscourts.caed.394755.8.0.pdf
- Original
- archive.org