Opinion
CR No. 09-230(A)-SVW
11-29-2011
UNITED STATES OF AMERICA, Plaintiff, v. RAMON NARCISO MORALEZ MENDOZA, ET AL., Defendants.
ANDRE BIROTTE JR. United States Attorney ROBERT E. DUGDALE Assistant United States Attorney Chief, Criminal Division ARIEL A. NEUMAN JUSTIN RHOADES JEFF MITCHELL Assistant United States Attorneys Violent & Organized Crime Section Attorneys for Plaintiff UNITED STATES OF AMERICA
ANDRE BIROTTE JR.
United States Attorney
ROBERT E. DUGDALE
Assistant United States Attorney
Chief, Criminal Division
ARIEL A. NEUMAN
JUSTIN RHOADES
JEFF MITCHELL
Assistant United States Attorneys
Violent & Organized Crime Section
Attorneys for Plaintiff
UNITED STATES OF AMERICA
[proposed] FINDINGS OF FACT AND ORDER REGARDING PRETRIAL DETENTION OF DEFENDANT DAVID PITTS
The Court having reviewed and considered the First Superseding Indictment in this matter, the Pretrial Services Report related to defendant David Pitts ("defendant"), the proffered testimony of Drug Enforcement Administration Special Agent Gregory Conners, and the argument of counsel for the United States, finds as follows:
1. There is probable cause to believe that defendant has committed an offense under Title 21 with a ten-year or greater maximum penalty, and pursuant to 18 U.S.C. § 3142(e), the Court therefore presumes that no condition or combination of conditions will reasonably assure the appearance of defendant as required and the safety of the community.
2. Defendant has not offered evidence sufficient to rebut the statutory presumption.
3. Defendant appears to have taken steps to avoid arrest since the time of indictment and therefore poses an additional risk of non-appearance.
4. Defendant's lengthy criminal history, including numerous parole and probation violations, suggests that defendant poses an additional danger to the community.
Good cause therefore having been shown, defendant is ordered DETAINED pending trial in this matter.
IT IS SO ORDERED.
THE HONORABLE STEPHEN V. WILSON
UNITED STATES DISTRICT JUDGE
Presented by:
ARIEL A. NEUMAN
Assistant United States Attorney