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U.S. v. Session, CR 15-00290 PJH. (2015)

Court: District Court, N.D. California Number: infdco20150619b99 Visitors: 8
Filed: Jun. 18, 2015
Latest Update: Jun. 18, 2015
Summary: ORDER OF DETENTION DONNA M. RYU , Magistrate Judge . The parties appeared before the Honorable Donna M. Ryu on June 12, 2015 for a detention hearing. Defendant Major Alexander Session, III (defendant) was present and represented by Matthew Dirkes. The United States was represented by Assistant United States Attorney Garth Hire. The United States requested that defendant be detained pending trial because defendant cannot rebut the presumption that he is a danger and a flight risk and because
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ORDER OF DETENTION

The parties appeared before the Honorable Donna M. Ryu on June 12, 2015 for a detention hearing. Defendant Major Alexander Session, III (defendant) was present and represented by Matthew Dirkes. The United States was represented by Assistant United States Attorney Garth Hire. The United States requested that defendant be detained pending trial because defendant cannot rebut the presumption that he is a danger and a flight risk and because no condition or combination of conditions of release would reasonably assure defendant's appearance and the safety of the community. Pretrial Services recommended that defendant be detained. Upon consideration of the parties' proffers, the court file, and the Pretrial Services Report, the Court finds that the defendant has failed to rebut the presumption that he is a danger and that the government has shown by clear and convincing evidence that the defendant presents a danger to the community. See 18 U.S.C. §§ 3142(e) and (f). The Court therefore orders the defendant detained.

The Bail Reform Act of 1984, Title 18, United States Code, Sections 3141-50, sets forth the factors which the Court considers in determining whether detention is warranted. In coming to its decision, the Court has considered: (1) the nature and seriousness of the offense charged; (2) the weight of the evidence against the person; (3) the history and characteristics of the person including, among other considerations, employment, past conduct and criminal history, and records of court appearances; and (4) the nature and seriousness of the danger to any person or the community that would be posed by the person's release. 18 U.S.C. § 3142(g).

In considering all of these facts and proffers presented at the hearing, as well as the legal presumption that defendant is a danger and a flight risk given the nature of the charges, the Court finds that defendant has failed to rebut the presumption that he should be detained pending trial because: (1) defendant has a criminal history involving violence and narcotics trafficking; (2) defendant has previously violated the conditions of probation; (3) defendant was on probation at the time of the alleged offense; (4) defendant has a probation hold from Alameda County Superior Court pending a probation revocation; (5) defendant is charged with violations involving the smuggling of narcotics through the Oakland airport and the sale of marijuana in Arkansas; and (6) defendant failed to identify any sureties or real property sufficient to rebut the presumption that he is a danger and a flight risk.

IT IS HEREBY ORDERED THAT, accordingly, pursuant to Title 18, United States Code, Section 3142:

(1) the defendant is committed to the custody of the Attorney General for confinement in a corrections facility;

(2) the defendant be afforded reasonable opportunity for private consultation with his counsel;

(3) on Order of a court of the United States or on request of any attorney for the government, the person in charge of the corrections facility in which the defendant is confined shall deliver the defendant to an authorized Deputy United States Marshal for the purpose of any appearance in connection with a court proceeding.

IT IS SO ORDERED.

Source:  Leagle

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