Opinion
Case No. 1:12 Cr 273
12-21-2012
United States of America v. Phetmany Choummanivong Defendant
ORDER OF DETENTION PENDING TRIAL
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)(B) 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 or local offense. ____ (3) A period of less than 5 years has elapsed since the ____ date of conviction ____ defendant's release from prison for the offense described in finding (1). ____ (4) Findings (1), (2) and (3) establish a rebuttable presumption that no condition will reasonably assure the safety of another
____ 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 under18 U.S.C. § 2250
person or the community. I further find that defendant has not rebutted that presumption.
Alternative Findings (A)
√ (1) There is probable cause to believe that the defendant has committed an offense
√ for which a maximum prison term often years or more is prescribed in:√ (2) The defendant has not rebutted the presumption established by finding (1) that no condition or combination of conditions will reasonably assure the defendant's appearance and the safety of the community.
Controlled Substances Act (21 U.S.C. 801 et seq.).
____ under18 U.S.C. § 924(c).
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 (B)
____ (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.
Part II - Statement of the Reasons for Detention
I find that the testimony and information submitted at the detention hearing establishes by √ clear and convincing evidence ____ a preponderance of the evidence that:
defendant and counsel waived a detention hearing on the record. Detention is ordered on the basis of the unrebutted statutory presumption.
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 tseparate,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.
Judge's Signature: Joseph G. Scoville
Name and Title: Joseph G. Scoville , U.S. Magistrate Judge