Opinion
Case No. 2:12-mj-0861-PAL
01-02-2013
United States of America v. RONALD ANTONE BEGAYE Defendant
DETENTION ORDER PENDING FURTHER PROCEEDINGS
After conducting a detention hearing under the Bail Reform Act, 18 U.S.C. § 3142(f), I conclude that these facts require that the defendant be detained pending trial.
Part I—Findings of Fact
[ ] (1) The defendant is charged with an offense described in 18 U.S.C. § 3142(f)(1) and has previously been convicted of [ ] a federal offense [ ] a state or local offense that would have been a federal offense if federal jurisdiction had existed - that is
[ ] a crime of violence as defined in 18 U.S.C. § 3156(a)(4)or an offense listed in 18 U.S.C. § 2332b(g)(5) for which the prison term is 10 years or more.[ ] (2) The offense described in finding (1) was committed while the defendant was on release pending trial for a federal, state release or local offense. [ ] (3) A period of less than five years has elapsed since the [ ] date of conviction [ ] the defendant's release from prison for the offense described in finding (1). [ ] (4) Findings Nos. (1), (2) and (3) establish a rebuttable presumption that no condition will reasonably assure the safety of another person or the community. I further find that the defendant has not rebutted this presumption.
[ ] an offense for which the maximum sentence is death or life imprisonment.
[ ] an offense for which a maximum prison term of ten years or more is prescribed in _____________.
[ ] a felony committed after the defendant had been convicted of two or more prior federal offenses described in 18 U.S.C. § 3142(f)(1)(A)-(C), or comparable state or local offenses:
[ ] any felony that is not a crime of violence but involves:
[ ] a minor victim
[ ] the possession or use of a firearm or destructive device or any other dangerous weapon
[ ] a failure to register under 18 U.S.C. § 2250
Insert as applicable: (a) Controlled Substances Act (21 U.S.C. § 801 et seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951 et seq.); or (c) Section 1 of Act of Sept. 15, 1980 (21 U.S.C. § 955a).
Alternative Findings (A)
[ ] (1) There is probable cause to believe that the defendant has committed an offense
[ ] for which a maximum prison term of ten years or more is prescribed in _____________.[ ] (2) The defendant has not rebutted the presumption established by finding 1 that no condition will reasonably assure the defendant's appearance and the safety of the community.
[ ] under 18 U.S.C. § 924(c).
Alternative Findings (B)
X (1) There is a serious risk that the defendant will not appear. [ ] (2) There is a serious risk that the defendant will endanger the safety of another person or the community.
The defendant is ordered detained as a flight risk as that term is defined by The Bail Reform Act for the following reasons: The defendant shall be detained pending transfer to the District of Arizona based upon his criminal history, which contains multiple failures to appear, and based on the fact that the Court cannot verify significant portions of information which was presented during the detention hearing.
Part II— Statement of the Reasons for Detention
The Court finds the defendant is a flight risk by the preponderance of the evidence and that there are no conditions or combination of conditions that could be fashioned that would reasonably assure the appearance of the defendant.
Part III—Directions Regarding Detention
The defendant is committed to the custody of the Attorney General or a designated representative for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or held in custody pending appeal. The defendant must be afforded a reasonable opportunity to consult privately with defense counsel. On order of United States Court or on request of an attorney for the Government, the person in charge of the corrections facility must deliver the defendant to the United States marshal for a court appearance.
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Judge's Signature
PEGGY A. LEEN , U.S. Magistrate Judge
Name and Title