Filed: May 04, 2015
Latest Update: May 04, 2015
Summary: DETENTION ORDER MARY ALICE THEILER , Magistrate Judge . Offense charged: Conspiracy to Distribute Controlled Substances; Asset Forfeiture Date of Detention Hearing: May 4, 2015. The Court, having conducted a detention hearing pursuant to 18 U.S.C. 3142(f), and based upon the factual findings and statement of reasons for detention hereafter set forth, finds that no condition or combination of conditions which defendant can meet will reasonably assure the appearance of
Summary: DETENTION ORDER MARY ALICE THEILER , Magistrate Judge . Offense charged: Conspiracy to Distribute Controlled Substances; Asset Forfeiture Date of Detention Hearing: May 4, 2015. The Court, having conducted a detention hearing pursuant to 18 U.S.C. 3142(f), and based upon the factual findings and statement of reasons for detention hereafter set forth, finds that no condition or combination of conditions which defendant can meet will reasonably assure the appearance of ..
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DETENTION ORDER
MARY ALICE THEILER, Magistrate Judge.
Offense charged: Conspiracy to Distribute Controlled Substances; Asset Forfeiture
Date of Detention Hearing: May 4, 2015.
The Court, having conducted a detention hearing pursuant to 18 U.S.C. § 3142(f), and based upon the factual findings and statement of reasons for detention hereafter set forth, finds that no condition or combination of conditions which defendant can meet will reasonably assure the appearance of defendant as required and the safety of other persons and the community.
FINDINGS OF FACT AND STATEMENT OF REASONS FOR DETENTION
1. Defendant has been charged with a drug offense, the maximum penalty of which is in excess of ten years. There is therefore a rebuttable presumption against defendant as to both dangerousness and flight risk, under 18 U.S.C. § 3142(e).
2. Defendant's criminal record includes many failures to appear, drug offenses, a conviction for intimidating a witness, harassment, and a pending charge in King County Superior Court for Assault in the Second Degree—Domestic Violence and Domestic Violence Felony Violation of a Court Order, alleged to have occurred on April 14, 2015. The AUSA proffers that a search of defendant's residence and vehicle found almost a kilogram of heroin, and distribution quantities of cocaine, methamphetamine and marijuana.
3. Taken as a whole, the record does not effectively rebut the presumption that no condition or combination of conditions will reasonably assure the appearance of the defendant as required and the safety of the community.
It is therefore ORDERED:
1. Defendant shall be detained pending trial and committed to the custody of the Attorney General for confinement in a correction facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal;
2. Defendant shall be afforded reasonable opportunity for private consultation with counsel;
3. On order 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 shall deliver the defendant to a United States Marshal for the purpose of an appearance in connection with a court proceeding; and
4. The Clerk shall direct copies of this Order to counsel for the United States, to counsel for the defendant, to the United States Marshal, and to the United State Pretrial Services Officer.
