01 

02

03

04

05

06

07

08

09

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

DETENTION ORDER 15.13

18 U.S.C. § 3142(i) Rev. 1/91

PAGE 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA,

Plaintiff,

v. 

JOSE FRANCO-PENA,

Defendant.

____________________________________

)

)

)

)

)

)

)

)

)

)

CASE NO.: 05-459M

DETENTION ORDER 

Offense charged:

Illegal Reentry after Deportation

Date of Detention Hearing: Initial Appearance, September 21, 2005

The Court, having conducted a detention hearing pursuant to 18 U.S.C. § 3142(f), and

based upon the factual findings and statement of reasons for detention hereafter set forth, finds

that no condition or combination of conditions which defendant can meet will reasonably assure

the appearance of defendant as required and the safety of other persons and the community.

FINDINGS OF FACT AND STATEMENT OF REASONS FOR DETENTION

(1) Defendant is charged with reentering the United States without permission after

being previously arrested and deported.

(2) Defendant’s criminal records history includes multiple prior deportation

proceedings and illegal entry charges. Defendant is associated with 22 aliases and nine different

Case 2:05-mj-00459-MAT Document 6 Filed 09/21/05 Page 1 of 3
01 

02

03

04

05

06

07

08

09

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

DETENTION ORDER 15.13

18 U.S.C. § 3142(i) Rev. 1/91

PAGE 2

dates of birth.

(3) Defendant is a native and citizen of Mexico. No other information is available

regarding his personal history, residence, family ties, ties to this District, income, financial assets

or liabilities, physical/mental health or controlled substance use if any.

(4) An immigration detainer has been filed. Defendant does not contest detention.

(5) Defendant poses a risk of nonappearance due to his status as a native and citizen

of Mexico who has been previously deported, unknown background information, association with

multiple aliases, and immigration detainer. Defendant poses a risk of danger based on his criminal

history.

(6) There does not appear to be any condition or combination of conditions that will

reasonably assure the defendant’s appearance at future Court hearings while addressing the danger

to other persons or the community.

It is therefore ORDERED:

(1) Defendant shall be detained pending trial and committed to the custody of the

Attorney General for confinement in a correction facility separate, to the extent

practicable, from persons awaiting or serving sentences or being held in custody

pending appeal;

(2) Defendant shall be afforded reasonable opportunity for private consultation with

counsel;

(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 defendant is

confined shall deliver the defendant to a United States Marshal for the purpose of

an appearance in connection with a court proceeding; and

/ / /

/ / /

/ / /

Case 2:05-mj-00459-MAT Document 6 Filed 09/21/05 Page 2 of 3
01 

02

03

04

05

06

07

08

09

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

DETENTION ORDER 15.13

18 U.S.C. § 3142(i) Rev. 1/91

PAGE 3

(4) The clerk shall direct copies of this Order to counsel for the United States, to

counsel for the defendant, to the United States Marshal, and to the United States

Pretrial Services Officer.

DATED this 21st day of September, 2005.

A

Mary Alice Theiler

United States Magistrate Judge 

Case 2:05-mj-00459-MAT Document 6 Filed 09/21/05 Page 3 of 3