Opinion
CR 23-00535(A)-SVW
04-26-2024
UNITED STATES OF AMERICA, Plaintiff, v. JIAOZHU YAN. Defendant
ORDER OF DETENTION
ALKA SAGAR, UNITED STATES MAGISTRATE JUDGE
I.
On April 26, 2024, Defendant, assisted by a Mandarin language interpreter, made her initial appearance on the Firat Superseding Indictment filed in this matter. Vitaly Sigal, a member of the Indigent Defense Panel, was appointed to represent Defendant. The government was represented by Assistant United States Attorney Kim Meyer. A detention hearing was held.
[] On motion of the Government [18 U.S.C. § 3142(f)(1)] in a case allegedly involving a narcotics or controlled substance offense with maximum sentence of ten or more years.
[X] On motion by the Government or on the Court's own motion [18 U.S.C. § 3142(f)(2)] in a case allegedly involving a serious risk that the defendant will flee.
The Court concludes that the Government is not entitled to a rebuttable presumption that no condition or combination of conditions will reasonably assure the defendant's appearance as required and the safety or any person or the community [18 U.S.C. § 3142(e)(3)(E)], II.
The Court finds that no condition or combination of conditions will reasonably assure:
[X] the appearance of the defendant as required.
[X] the safety of any person or the community.
III.
The Court has considered: (a) the nature and circumstances of the offense(s) charged, including whether the offense is a crime of violence, a Federal crime of terrorism, or involves a minor victim or a controlled substance, firearm, explosive, or destructive device; (b) the weight of evidence against the defendant; (c) the history and characteristics of the defendant; and (d) the nature and seriousness of the danger to any person or the community. [18 U.S.C. § 3142(g)], and the report and recommendation prepared by the U.S. Probation and Pretrial Services Officer.
IV.
The Court bases its conclusions on the following:
As to risk of non-appearance:
[X] Lack of viable bail resources - the Court does not find Defendant's roommate, who does not have legal status in the United States, to be a viable surety.
[X] family ties to China; lack of family ties to the Central District of California
[X] Use of aliases and false identification documents based on stolen identites
[X] Allegations in the superseding indictment involve Defendant's role in a conspiracy to produce, possess and use false identification documents and access devices for financial gain
[X] Defendant is alleged to have used a fraudulently obtained work authorization permit in connection with her current status in the United States.
As to risk of danger to other persons or the community:
[X] Allegations in the superseding indictment (see above)
V.
IT IS THEREFORE ORDERED that the defendant be detained until trial. The defendant will be committed to the custody of the Attorney General for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal. The defendant will be afforded reasonable opportunity for private consultation with counsel. 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 defendant is confined will deliver the defendant to a United States Marshal for the purpose of an appearance in connection with a court proceeding. [18U.S.C. §3142(i)]