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 This matter can be decided on the recorded December 14, 2005 detention hearing, the recorded

February 10, 2006 detention review hearing, the memoranda submitted by the parties, the exhibits

submitted by defendant, the Affidavit of Kasey K. Kanekoa and the remainder of the record. The

Government’s request for oral argument is DENIED. 

ORDER DENYING MOTION FOR

REVIEW OF DETENTION ORDER - 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA,

Plaintiff,

vs.

RAJINDER SINGH JOHAL,

Defendant.

Case No. CR05-334 RSL

ORDER DENYING MOTION FOR

REVIEW OF DETENTION ORDER 

This matter comes before the Court on “Defendant’s Motion For Review Of Detention

Order” (Dkt. # 64).1

 On February 13, 2006, the Honorable Monica Benton, United States

Magistrate Judge, reaffirmed her December 15, 2005 order to detain defendant. Judge Benton

found that no condition or set of conditions would reasonably assure the appearance of

defendant as required and the safety of any other person and the community.

The Court has reviewed the recorded December 14, 2005 arraignment and detention

hearing, the recorded February 10, 2006 detention review hearing, defendant’s motion for

Case 2:05-cr-00334-RSL Document 89 Filed 03/14/06 Page 1 of 3
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ORDER DENYING MOTION FOR

REVIEW OF DETENTION ORDER - 2

 review of the detention order, the Government’s opposition to review of the detention order, the

Affidavit of Kasey K. Kanekoa and the remainder of the record. It considers de novo the

detention order issued by Judge Benton. U.S. v. Koenig, 912 F.2d 1190, 1191 (9th Cir. 1990). 

The Court will detain defendant prior to trial if it determines “that no condition or

combination of conditions will reasonably assure the appearance of the person as required and

the safety of any other person and the community.” 18 U.S.C. § 3142(e). Pursuant to 18 U.S.C.

§ 3142(g), the Court considers four factors when deciding if defendant is a flight risk or a danger

to the community: “(1) [t]he nature and circumstances of the offense charged . . . (2) the weight

of the evidence against the person; (3) the history and characteristics of the person . . . (4) the

nature and seriousness of the danger to any person or the community that would be posed by the

person’s release.” A rebuttable presumption that defendant poses a flight risk and a danger to

the community arises if the Court finds probable cause to believe that he has committed a drug

offense prohibited by the Controlled Substances Act carrying a maximum sentence of ten years

or more. 18 U.S.C. § 3142(e). 

As Judge Benton correctly concluded, defendant is subject to a 18 U.S.C. § 3142(e)

rebuttable presumption. A federal grand jury indicted defendant for conspiring to distribute

cocaine and marijuana and for the smuggling of bulk cash. The conspiracy to distribute cocaine

and marijuana charge carries a mandatory ten year sentence. Kasey K. Kanekoa’s Affidavit

outlines a series of court authorized wiretaps recording conversations in which defendant is

believed to be organizing the trafficking of cocaine and marijuana. The Affidavit also includes

statements made to agents by confidential informants, describing defendant’s alleged drug

related activity. This evidence demonstrates probable cause that defendant conspired to

distribute cocaine and marijuana. 

The Court finds that defendant has failed to rebut the presumption in favor of his pre-trial

detention. In reaching its decision, the Court placed very little weight on the Government’s

submission of anonymous letters sent to the Kent Police Department. The extent of defendant’s

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ORDER DENYING MOTION FOR

REVIEW OF DETENTION ORDER - 3

alleged drug activity and his connections to Canada establish that he is a flight risk and a danger

to the community. Law enforcement officials attribute approximately 38 kilograms of seized

cocaine and 467 pounds of seized marijuana to the drug-trafficking organization that they

believe was headed by defendant. In addition, defendant has the ability to travel freely to

Canada where his brother and co-defendant, Lakhwinder Singh Johal, is currently a fugitive. 

While defendant appears to have substantial links to the community, they are outweighed by the

nature of the charges against him and his ties to Canada.

For all of the foregoing reasons, “Defendant’s Motion For Review Of Detention Order”

(Dkt. #64) is DENIED. 

DATED this 14th day of March, 2006.

A

Robert S. Lasnik

United States District Judge

Case 2:05-cr-00334-RSL Document 89 Filed 03/14/06 Page 3 of 3