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[PROPOSED] ORDER OF DETENTION

Case No. CR-09-1034 JCS

JOSEPH P. RUSSONIELLO (CABN 44332)

United States Attorney

BRIAN J. STRETCH (CABN 163973)

Chief, Criminal Division

ACADIA L. SENESE (CABN 251287)

Special Assistant United States Attorney

450 Golden Gate Avenue, 11 Floor th

San Francisco, California 94102

Telephone: (415) 436-6809

Fax: (415) 436-7234

Email: Acadia.Senese@usdoj.gov

Attorneys for United States of America

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v.

ZACHARY MORENO,

Defendant.

 

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No. CR 09-1034 JCS

[Proposed] ORDER OF DETENTION

On February 5, 2010, the parties appeared before the Court for a detention hearing. The

defendant was present and represented by Federal Public Defender Shawn Halbert. Special

Assistant United States Attorney Acadia Senese represented the United States.

The government requested detention, submitting that no condition or combination of

conditions would reasonably assure the safety of the community.

Pretrial Services submitted a report recommending detention.

Upon consideration of the Pretrial Services report, the court file and the party proffers as

 discussed below, the Court finds by a preponderance of the evidence that no condition or

combination of conditions will reasonably assure the appearance of the defendant as required. 

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PROPOSED] ORDER OF DETENTION

Case No. CR-09-1034 JCS -2-

The Court orders the defendant detained.

The present order supplements the Court’s findings at the detention hearing and serves as a

written findings of fact and statement of reasons as required by 18 U.S.C. § 3142(I).

The Bail Reform Act of 1984, 18 U.S.C. §§ 3141-50, sets forth the factors which the Court

must consider in determining whether pretrial detention is warranted. In coming to its decision,

the Court has considered those factors, paraphrased below:

(1) the nature and seriousness of the offense charged;

(2) the weight of the evidence against the person;

(3) the history and characteristics of the person including, among other

considerations, employment, past conduct and criminal history, and records of

court appearances; and

(4) the nature and seriousness of the danger to any person or the community that

would be posed by the person’s release.

18 U.S.C. § 3142(g). 

Defendant Zachary Moreno is charged with violating 18 U.S.C. § 111(a)(1) (assault on a

peace officer) and 36 C.F.R. § 2.4(a)(1)(i) (possession of a weapon). The instant charge stems

from an incident on or about September 6, 2009, where the defendant is alleged to have been

arrested for assaulting a federal officer with an eight-inch knife.

In considering all of the facts and proffers presented at the hearing, the Court finds the

following factors among the most compelling in reaching its conclusion that no combination of

conditions could reasonably assure the defendant’s appearance as required:

First, the Court finds that the defendant has a dozen or more prior failures to appear. 

Second, the defendant violated the conditions of release previously imposed by this Court. Third,

given those circumstances, the additional circumstances that the defendant appears to have a

mental health condition, and that there are no conditions of release offered by the defendant to the

Court - no sureties, no half-way house, and no residential treatment facility - the Court hereby

orders the defendant detained.

These factors, among others adduced at the hearing, demonstrate by a preponderance of

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PROPOSED] ORDER OF DETENTION

Case No. CR-09-1034 JCS -3-

the evidence that if released, the defendant would not appear as required. 

Accordingly, pursuant to 18 U.S.C. § 3142(I), IT IS ORDERED THAT:

(1) the defendant is committed to the custody of the Attorney General for confinement in a

corrections facility;

(2) the defendant be afforded reasonable opportunity for private consultation with his

counsel; and,

(3) on order of a court of the United States or on request of an attorney for the 

government, the person in charge of the corrections facility in which the defendant is confined

shall deliver the defendant to an authorized Deputy United States Marshal for the purpose of any

appearance in connection with a court proceeding.

IT IS SO ORDERED.

Dated: ___________________ 

JOSEPH C. SPERO

United States Magistrate Judge 

Case3:09-cr-01034-SI Document17 Filed02/08/10 Page3 of 3

02/09/10

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN

I

A

Judge Joseph C. Spero

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