Opinion
2:2007-cr-00988-R
08-01-2011
UNITED STATES OF AMERICA, Plaintiff, v. Luna-Perez Defendant.
ORDER OF DETENTION AFTER HEARING
(18 U.3.C. §3142(i))
I.
A. () On motion of the Government involving an alleged
1. () crime of violence;
2. () offense with maximum sentence of life imprisonment or death;
3. () narcotics or controlled substance offense with maximum sentence of ten or more years (21 U.S.C. §§ 801./951, et. seq../955a):
4. () felony - defendant convicted of two or more prior offenses described above;
5. () any felony that is not otherwise a crime of violence that involves a minor victim, or possession or use of a firearm or destructive device or any other dangerous weapon, or a failure to register under 18 U.S.C § 2250.
B. (√) Onmotion (√) (bythe Government) / () (by the Court sua sponte involving)
1. () serious risk defendant will flee;
2. () serious risk defendant will
a. () obstruct or attempt to obstruct justice;
b. () threaten, injure, or intimidate a prospective witness or juror or attempt to do so.
The Court finds __________ no condition or combination of conditions will reasonably assure
A. (√) appearance of defendant as required; and/or
B. (√) safety of any person or the community.
III.
The Court has considered:
A. (√) the nature and circumstances of the offense, 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;
D. (√) the nature and seriousness of the danger to any person or to the community.
IV.
The Court concludes:
A. (√) Defendant poses a risk to the safety of other persons or the community because: __________
B. (√) History and characteristics indicate a serious risk that defendant will flee because: __________
C. () A serious risk exists that defendant will:
1. () obstruct or attempt to obstruct justice;
2. () threaten, injure or intimidate a witness/ juror, because:
D. () Defendant has not rebutted by sufficient evidence to the contrary the presumption provided in 18 U.S.C. § 3142 (e).
IT IS ORDERED __________ that defendant be detained prior to trial.
IT IS FURTHER ORDERED that defendant be confined as far as practicable in a corrections facility separate from persons awaiting or serving sentences or person held pending appeal.
IT IS FURTHER ORDERED that defendant be afforded reasonable opportunity for private consultation with his counsel.
_________________________
U.S. MAGISTRATE / DISTRICT JUDGE