W13 Page 1 of 1 A0 94 (Rev. 06109) Commitment to Another District UNITED STATES DISTRICT COURT for the District of Colorado JUL 31 2018 United States of America V. Mateo", Case No. MICHAEL LEE PRICE Charging District?s Defendant 4: 18-cr?00401 COMIMITNIENT TO ANOTHER DISTRICT The defendant has been ordered to appear in the Southern District of Texas Houston Division. The defendant may need an interpreter for this language: The defendant: will retain an attorney. is requesting court-appointed counsel. The defendant remains in custody after the initial appearance. IT IS ORDERED: The United States marshal must transport the defendant, together with a copy of this order, to the charging district and deliver the defendant to the United States marshal for that district, or to another officer authorized to receive the defendant. The marshal or of?cer in the charging district should immediately notify the United States attorney and the clerk of court for that district of the defendant?s arrival so that further proceedings may be scheduled. The clerk of this district must transmit the papers and any bail to the charging district. Date: $17 30; lot} Judge ?5 signage U.S. Magistrate Judge Kristen L. Mix Printed name and title KRISTEN L. MIX us. MAGISTRATE JUDGE OF COLORAD Flled of 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. UNITED STATES OF AMERICA, Plaintiff, v. MICHAEL LEE PRICE, Defendant. ORDER OF DETENTION THIS MATTER came before the Court for a detention hearing on July 30, 2018. Present were the following: Robert Brown, Assistant United States Attorney; Kathleen Shen, Assistant Federal Public Defender, counsel for the defendant; and the defendant. The Court reviewed the Pretrial Services Report and considered the comments of counsel. The Court has concluded that no condition or combination of conditions of release will reasonably assure the appearance of the defendant and the safety of the community, based upon the attached ?ndings. IT is HEREBY ORDERED that the defendant is committed to the custody of the Attorney General or his 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; and tT IS FURTHER ORDERED that the defendant is to be afforded a reasonable opportunity to consult con?dentially with defense counsel; and lT IS FURTHER ORDERED that upon order of this Court or on request of an attorney for the United States of America, the person in charge of the corrections facility shall deliver defendant to the United States Marshal forthe purposes of an appearance in connection with this proceeding. DATED and ENTERED this 30th day of July, 2018. BY THE COURT: 5/ Kristen L. Mix U.S. Magistrate Judge Kristen L. Mix Cag?als?84r?lBQ1i16Q4Q?M 0f 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. UNITED STATES OF AMERICA, Plaintiff, v. MICHAEL LEE PRICE, Defendant. FINDINGS OF FACT, CONCLUSION OF LAW and REASONS FOR ORDER OF DETENTION THIS MATTER came before the Court for a detention hearing on July 30, 2018. The Court has taken judicial notice of the Pretrial Services Report and considered the comments of counsel. In order to sustain a motion for detention, the government must establish that there is no condition or combination of conditions which could be imposed in connection with pretrial release that would reasonably insure the defendant?s presence for court proceedings; there is no condition or combination of conditions which could be imposed in connection with pretrial release that would reasonably insure the safety of any other person or the community. The former element must be established by a preponderance of the evidence, while the latter requires proof by clear and convincing evidence. The Bail Reform Act, 18 U.S.C. 3142(9), directs the Court to considerthe following factors in determining whether there are conditions of release that reasonably assure the appearance of the defendant as required and the safety of any other person and the community: (1) [t]he nature and circumstances of the offense charged, including whether the offense is a crime of violence or involves a narcotic drug; (2) the weight of the evidence against the person; (3) the history and characteristics of the person, including (A) the person's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings; and (B) whether at the time of the current offense or arrest, the person was on probation, on parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense under Federal, State or local law; and Gawaseaaimjer-memm DDoomeanlS Filed owscr/Imniasoazmramgeaag? 3 of 3 (4) the nature and seriousness ofthe danger to any person orthe community that would be posed by the person?s release. In making my findings of fact, I have taken judicial notice of the information set forth in the entire court file and have considered the comments of counsel. Weighing the statutory factors set forth in the Bail Reform Act, find the following: First, the defendant has been charged with violating 18 U.S.C. 922(0) and 924(a)(2), illegal possession of a machine gun and possession of an unregistered machine gun. Second, the US Probation Office has confirmed that there is no pretrial halfway house placement available in the charging district, the Southern District of Texas. Third, according to the Pretrial Services Report, the defendant has had a steady string of traffic violations since he turned 18 years old, he has a conviction for third degree sexual assault which was af?rmed on appeal, he was initially charged with failure to report as a sex offender at least three times, he has two failures to appear and an outstanding state arrest warrant, he has been receiving short-term disability income and is in serious debt, he has no confirmed address in the charging district or where he has asserted that he can obtain employment, and his only relationship with someone in the charging district is with his girlfriend of approximately 45 days. After considering all of the factors set forth in the Bail Reform Act and the offense charged in this case, I find, by a preponderance of the evidence, that no condition or combination of conditions of release will reasonably assure the appearance of the defendant. In support of that finding, note the factors listed above, as well as the sentence that could be imposed ifthe defendant is found guilty of the charged offense. DATED and ENTERED this 30th day of July, 2018. BY THE COURT: s/ Kristen L. Mix U.S. Magistrate Judge Kristen L. Mix 7-2 Filed on 07/31/18 in TXSD Page 1 Of 1P age 1 GM TERMED US. District Court - District of Colorado District of Colorado (Denver) CRIMINAL DOCKET FOR CASE Case title: USA V. Price Date Filed: 07/18/2018 Other court case number: 4: 1 8-er-401 Souther District Of Date Terminated: 07/30/2018 Texas in Houston Assigned to: Magistrate Judge Kristen L. Mix Defendant (1) Michael Lee Price represented by Kathleen Shen ERMINA TED: 07/30/2018 Federal Public Defender's Of?ce? Denver 633 17th Street Suite 1000 Denver, CO 80202 303-294-7002 Fax: 303-294-1192 Email: ATTORNEY TO BE NOTICED Designation: Public Defender or Community Defender Appointment Pending Counts Disposition None Highest Offense Level (Opening) None Terminated Counts Disposition None Highest Offense Level (Terminated) None Complaints Disposition ILLEGAL POSSESSION OF A MACHINE GUN, POSSESSION OF UNREGISTERED 7/31/2018 7-2 Filed on 07/31/18 in TXSD Page 2 of 4) age 7- 0? MACHINE GUN Plaintiff USA represented by Robert M. Brown US. Attorney's Of?ce-Denver 1801 California Street Suite 1600 Denver, CO 80202 303-454-0355 Fax: 303-454-0403 Email: Robert.Brown5@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Federal Agency Attorney Date Filed Docket Text 07/18/2018 EH RULE 5 AFFIDAVIT from the Southern District of Texas in Houston, as to Michael Lee Price (1). (nmarb, (Entered: 07/18/2018) 07/18/2018 2 CASE REASSIGNED as to Michael Lee Price. The case was drawn in error. This case is directly reassigned to Judge Kristen L. Mix. All future pleadings should be designated as (Text Only Entry) (nmarb, (Entered: 07/18/2018) 07/18/2018 3 Arrest of Michael Lee Price. Initial Appearance - Rule 5 set for 7/18/2018 02:00 PM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. (Text Only entry)(nmarb, (Entered: 07/18/2018) 07/18/2018 4 MINUTE ENTRY for Initial Appearance in Rule Proceedings as to Michael Lee Price held before Magistrate Judge Kristen L. Mix on 7/18/2018. Defendant present in custody. Defendant advised. Court appoints counse1.Identity and Detention Hearing set for 7/23/2018 1:30 PM in Courtroom A401 before Magistrate Judge Kristen L. Mix. Defendant remanded. (Total time: 3 minutes, Hearing time: 2:1 1-2: 14) APPEARANCES: Robert Brown on behalf of the Government, Kelly Christl on behalf of the defendant, Robert Haberman on behalf of probation. FTR: KLM Courtroom A401. (lgale, Text Only Entry (Entered: 07/18/2018) 07/18/2018 5 ORDER APPOINTING COUNSEL as to Michael Lee Price by Magistrate Judge Kristen L. Mix on 7/18/18. Text Only Entry (lgale, (Entered: 07/18/2018) 07/18/2018 CJA 23 Financial Af?davit by Michael Lee Price. (lgale, (Entered: 07/18/2018) 07/19/2018 1 NOTICE OF ATTORNEY APPEARANCE: Kathleen Shen appearing for Michael Lee PriceAttorney Kathleen Shen added to party Michael Lee Price (Shen, Kathleen) (Entered: 07/ 19/2018) 7/31/2018 7-2 Filed on 07/31/18 in TXSD Page 3 of 4? age 3 GM 07/19/2018 loo Arrest Warrant Returned Executed on 7/ 17/1 8 in case as to Michael Lee Price. (nmarb, (Entered: 07/ 19/2018) 07/23/2018 9 MINUTE ENTRY for Identity and Detention Hearing as to Michael Lee Price held before Magistrate Judge Kristen L. Mix on 7/23/2018. Defendant present in custody. Defendant waives identity hearing. Waiver accepted. Argument by counsel for the government and defense counsel as to the issue of detention. The Court will grant the defendant a bond if he is accepted at a halfway house in the charging district. Release on Bond Hearing set for 7/26/2018 10:00 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix to determine if there is a halfway house in the charging district. Defendant remanded. (Total time: 13 minutes, Hearing time: 1:52-2:05) APPEARANCES: Jeremy Sibert on behalf of the Government, Kathleen Shen on behalf of the defendant, Michelle Sinaka on behalf of probation. FTR: KLM Courtroom A401. (lgale, (Entered: 07/24/2018) 07/23/2018 10 WAIVER of Rule 5 5.1 Hearings by Michael Lee Price (lgale, (Entered: 07/24/2018) 07/26/2018 11 MINUTE ENTRY for Bond Release Hearing as to Michael Lee Price held before Magistrate Judge Kristen L. Mix on 7/26/2018. Defendant present in custody. Pat Hanley from Pretrial Services informs the Court that the US. Probation Office in Houston, Texas does not have a pretrial release halfway house for the Defendant to be released to. The court notes that due to AUSA Jeremy Sibert not being present in court today, the court is not inclined to release the Defendant on any other conditions at this time and therefore will revisit the issue of detention. Detention Hearing set for 7/30/2018 01 :30 PM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. Defendant remanded. (Total time: 3 minutes, Hearing time: 10:12-10:15) Kathleen Shen on behalf of the defendant, Pat Hanley on behalf of pretrial. FTR: KLM - 401. (morti, Text Only Entry (Entered: 07/26/2018) 07/30/2018 12 COURTROOM MINUTES for proceedings held before Magistrate Judge Kristen L. Mix: Detention Hearing as to Michael Lee Price held on 7/30/2018. Defendant present in custody. Arguments by counsel. Defendant ordered detained. Defendant remanded. (Total time: 10 minutes, Hearing time: 1:44 - 1:54 pm.) APPEARANCES: Robert Brown and Jeremy Sibert on behalf of the Government, Kathleen Shen on behalf of the Defendant, Pat Hanley and Gary Burney on behalf of Pretrial. TR: Courtroom A401. (slibi, Text Only Entry (Entered: 07/30/2018) 07/30/2018 13 COMMITMENT TO ANOTHER DISTRICT as to Michael Lee Price. Defendant committed to Southern District of Texas - Houston Division, by Magistrate Judge Kristen L. Mix on 7/3 0/2018. (slibi, (Entered: 07/30/2018) 07/30/2018 14 MAGISTRATE CASE TERMINATED as to Michael Lee Price by Magistrate Judge Kristen L. Mix on 7/30/2018. Text Only Entry (slibi, (Entered: 07/30/2018) 7/31/2018 7-2 Filed on 07/31/18 in TXSD Page 4 of $3186 4 0f4 07/30/2018 15 Notice to Southern District of Texas, Houston Division of Rule 5 Initial Appearance: Please use PACER court links to access the public docket and documents. If the District of Colorado has a surrendered passport, it is being mailed to your court via USPS certi?ed mail with return receipt. For a bond transmittal, please contact our case administration specialist at [cod.docketing.uscourts.gov] If you wish to designate a different email address for future transfers, please send your request to as to Michael Lee Price Your case number (Text Only Entry) (slibi, (Entered: 07/30/2018) 07/30/2018 1_6 ORDER OF DETENTION as to Michael Lee Price by Magistrate Judge Kristen L. Mix on 7/30/18. (morti, (Entered: 07/30/2018) PACER Service Center I Transaction Receipt I 07/31/2018 15:43:08 EASEP u30288:2650724:0 Client Code: _ogln. Description: Docket Report 2:35:21: [Elam-01 131' Billable Pages:?3 ?Cost: ?0.30 #0-1 7/31/2018