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IN THE UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

UNITED STATES OF AMERICA )

)

v ) CR. NO. 06MJ69

 ) wo

HECTOR R. SILVA ) 

ORDER OF DETENTION

In accordance with the Bail Reform Act, 18 U.S.C. § 3142(f), the undersigned

Magistrate Judge conducted a detention hearing on July 21, 2006, pursuant to the

Government’s Motion for Detention (Doc.5, July 14, 2006). Based upon due consideration

of all relevant evidence, the court concludes that the defendant, Hector R. Silva, should

be detained pending trial in this case.

Part I -- Findings of Fact

There is probable cause to believe that the defendant has committed an offense for

which the minimum term of imprisonment of ten years or more is prescribed in 21 U.S.C.

§ 846. A criminal complaint filed on July 13, 2006 charges him with possession with intent

to distribute approximately 10 kilograms of cocaine; if convicted of this 21 U.S.C. §

841(a)(1) offense, the Defendant faces a prison term which is not less than 10 years or not

more than life. The Court finds that the Defendant has not rebutted the presumption

established by this finding that no condition or combination of conditions will reasonably

assure the appearance of the defendant as required and the safety of the community. There

is a serious risk that the defendant will not appear.

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Part II - Written Statement of Reasons for Detention

The Court has duly considered all the evidence proffered concerning the nature and

circumstances of the drug offense charged, the weight of the evidence against the defendant

and his history. On July 13, 2006, an Alabama State Trooper, Will Barnes, stopped

Defendant Silva for speeding in a Ford pick-up truck on Interstate 85 at the 2 mile marker.

A consensual search of the truck revealed a cabinet in the bed of the truck which contained

(secreted in a false compartment) ten individually wrapped packages subsequently

determined by field testing to be cocaine kilograms. 

Born in Mexico in 1955, the defendant has been a lawful permanent resident of the

United States for 35 years and currently resides in Texas. He has been reportedly employed

by a temporary services company in Pasadena, Texas. Notwithstanding his residency and

employment status, the Defendant produced no probative facts to rebut the presumption

inherent in the drug offense charged that there are no conditions or combination of conditions

for release which will reasonably assure the safety of any other person and the community

and which will ensure that he is not a flight risk. His lack of ties to this community increase

the likelihood of flight. 

Based on the foregoing considerations, the court concludes that there are no

conditions or combination of conditions which will reasonably assure the appearance of the

defendant or protect the community and that the defendant should be detained.

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Part III - Directions Regarding Detention

Therefore, it is ORDERED that the defendant is committed to the custody of the

Attorney General or his designated representative 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 shall be afforded a reasonable opportunity for

private consultation with defense counsel. 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

shall deliver the defendant to the United States Marshal for the purpose of an appearance in

connection with a court proceeding.

DONE THIS 21 DAY OF July, 2006. ST

/s/ Delores R. Boyd

DELORES R. BOYD 

UNITED STATES MAGISTRATE JUDGE

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