Case 3:17-mj-02036-BLM Document 10 Filed 06/29/17 PageID.23 Page 1 of 5 FILED 1 JUN 2 9 2017 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA 11 12 13 UNITED STATES OF AMERICA, Criminal No. \1 yy\ } z,O?f.p - BLH Plaintiff, v. DETENTION ORDER 14 15 16 L~c~o ~uadCAluo.e, SttVlcl1e:c _ \...O'fl-'b Delendant. 17 A. Order For Detention 18 After conducting a detention hearing pursuant to 18 U.S.C.§3142(f) of the Bail Reform Act, 19 20 the Court orders the above named defendant detained without bail pursuant to 18 U.S.C. §3142(e) and (i). 21 22 B. Statement of Reasons For the Detention The Court orders the defendant's detention because it finds: 23 24 ;i By a preponderance of the evidence that no condition or combination of conditions will reasonably assure the appearance of the defendant as 25 required. 26 By clear and convincing evidence that no condition or combination of 27 28 conditions will reasonably assure the safety of any other person and the community. 1 Case 3:17-mj-02036-BLM Document 10 Filed 06/29/17 PageID.24 Page 2 of 5 1 C. Findings of Fact 2 The Court's findings are based on the evidence presented to the Court, including the 3 criminal complaint and attorney proffer(s), and the information contained in the Pretrial Services 4 Report. After considering all of the relevant information and evidence, the Court finds as follows: 5 (1) Nature and circumstances of the offense cr~e~~,~~/'/"·~·, 8 ~,;£, is a serious crime and carries a maximum penalty of __? __k_______ ~ and a mandatory minimum sentence of /qye.a...c-s 9 _ _ _ (b) The offense is a crime of violence. 6 7 X (a)The offense charged: 10 _ _ _ (c) The offense is a federal crime of terrorism listed in 18 U.S.C. 11 §2332b(g)(S)(B) for which the maximum term of imprisonment is 10 years or more. 12 >( 13 ~ 14 (d) The offense involves a narcotic drug. (e) The offense involves a large amount of controlled substances, to wit: '? ~11 ~Q_ yJ ... ~.,L;€4rh~ ~~fo7cri'~zz:;i t . ?'-,> 2Ace//~r/zJ~ Case 3:17-mj-02036-BLM Document 10 Filed 06/29/17 PageID.25 Page 3 of 5 1 I Dl. 2 3 X The defendant does not have steady employment in the United States. The defendant does not have substantial financial resources or assets in the United States. 4 5 6 7 8 The defendant has a history relating to alcohol abuse. 9 The defendant has a significant prior criminal record. 1o The defendant has a prior record of failure to appear at court proceedings. The defendant has a prior record of probation, parole or supervised release 11 12 13 violations and/or revocations. I X The defendant is an illegal alien and is subject to deportation. The defendant is a legal alien and will be subject to deportation if 14 15 16 ...>L 17 18 19 20 Parole 21 Probation 22 Release pending trial, sentence, appeal or completion of sentence. --- 23 (4) The nature and seriousness of the danger posed by the defendant's release are as 24 follows: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 25 26 27 28 3 Case 3:17-mj-02036-BLM Document 10 Filed 06/29/17 PageID.26 Page 4 of 5 1 (5) Rebuttable Presumptions 2 In determining that the defendant should be detained, the Court also relied on the 3 following rebuttable presumption(s) contained in 18 U.S.C. §3142(e) which the Court finds 4 the defendant has not rebutted. 5 (a) That no condition or combination of conditions will reasonably assure the safety of any other person and the community because the Court finds that the crime involves: 6 (A) A crime of violence or a crime listed in 18 U.S.C. §2332b(g)(5)(B) for which the maximum sentence is 10 years or more; or 7 -..,...-..,..,. (B) An offense for which the maximum penalty is life imprisonment or death; or 8 9 10 (C) A controlled substance violation which has a maximum penalty of 10 years or more; or, 11 ~-- (D) A felony after the defendant had been convicted of two or more --=-:-=---- offenses described in (A) through (C) above, 12 AND the defendant has a prior conviction for one of the crimes mentioned in (A) through (C) above, which was committed while the defendant was on pretrial release and no more than five years have passed since his release from imprisonment for that crime. 13 14 _,,,....)(-"--- (b) That no condition or combination of conditions will reasonably assure the .. appearance of the defendant as required and the safety of the community because the Court finds that there is probable cause to believe: 15 16 )( (A) That the defendant has committed a controlled substance violation which has a maximum penalty of 10 years or more. 17 18 ~-- (B) That the defendant has committed an offense under 18 U.S.C. §§924(c), 956(a) or 2332b. 19 _ _ _ (C) That the defendant has committed an offense listed in 18 U.S.C. §2332b(g)(5)(B) which has a maximum penalty of 10 years or more. 20 21 ......,........,.....--- (D) That the defendant has committed an offense involving a minor victim under 18 U.S.C. §§1201, 1591, 2241 2242, 2244(a)(l), 2245, 2251, 2251A, 2252(a)(l), (2) or (3), 2252A(a)(l), (2), (3) or (4), 2260, 2421, 2422, 2423 or 2425. 22 23 24 D. Additional Directives 25 IT IS ORDERED that the defendant be committed to the custody of the Attorney General 26 or his designated representative for confinement in a corrections facility separate, to the extent 27 practicable, from persons awaiting or serving sentences or being held in custody pending appeal. 28 The defendant shall be afforded a reasonable opportunity for private consultation with his counsel. 4 Case 3:17-mj-02036-BLM Document 10 Filed 06/29/17 PageID.27 Page 5 of 5 1 While in custody, on order of a court of the United States or on request of an attorney for 2 the government, the person in charge of the corrections facility shall deliver the defendant to a 3 United States Marshal for the purpose of an appearance in connection with a court proceeding or 4 any other appearance stipulated to by defense and Government counsel. 5 This order is made without prejudice to modification by this Court. 6 IT IS SO ORDERED. 7 Dated: ~1/L.r 8 9 10 ~· United States Magistrate Juoge cc: District Judpe All Counse of Record 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 !:\Courtroom Deputies\MagistrntelMAJORIO RD ER SIDETENTION\Detained After Hearing_BLM 4 ROVED.wpd