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DETENTION ORDER

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UNITED STATES DISTRICT COURT

 WESTERN DISTRICT OF WASHINGTON

 AT SEATTLE

UNITED STATES OF AMERICA, )

)

Plaintiff, ) CASE NO. CR05-410 RSL

)

v. )

)

HARLAN P. JAMES, ) DETENTION ORDER 

)

Defendant. )

)

_____________________________ )

Offense charged: 

Assault with a Deadly Weapon, in violation of Title 18, U.S.C., Sections 113(a)(6)

and 1153.

Date of Detention Hearing: November 21, 2005.

The Court, having conducted a contested detention hearing pursuant to Title 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 the defendant

can meet will reasonably assure the appearance of the defendant as required and the safety

of any other person and the community. The Government was represented by Carl

Blackstone. The defendant was represented by Mike Filopovic.

The Government moved for detention asserting that despite his age the defendant

has five prior felonies, including a burglary conviction and conviction for drug possession.

There has been an escalating pattern of violence this year alone. The current instant offence

caused physical damage to the victim. The Government maintains the defendant is a flight

risk and a danger to the community given the tribe will not allow him to return to tribal land

due of the instant offense which allegedly occurred there.

Defense counsel argued for release, stating the government has not established that

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DETENTION ORDER

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defendant has been ordered not to come back to the reservation, nor does the Lummi Police

have the authority to ban from tribal land. To date there has been no formal action taken by

the tribe to ban the defendant from the reservation. The defendant is a life-long resident of

Washington and member of the Lummi Tribe. Defense argues that he can live with his father

in a stable living situation. Defense counsel suggests that if the defendant is closely

monitored and given regular alcohol and drug tests, this would assure his appearance.

Requests defendant be returned to his family under the supervision of Pretrial services, or

to a halfway house in the event he is not allowed to return to his tribal land.

FINDINGS OF FACT AND STATEMENT OF REASONS FOR DETENTION

(1) Defendant has been convicted of probation violations twice while

released on supervision.

(2) There also appears to be escalating criminal behavior over the

past few months with two pending assault charges over and above

the current charge. This behavior outweighs any reasonable

condition the court can place upon defendant.

Thus, there is no condition or combination of conditions that would reasonably assure

future court appearances.

It is therefore ORDERED:

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

the Attorney General for confinement in a correctional facility separate, to

the extent practicable, from persons awaiting or serving sentences, or being

held in custody pending appeal;

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DETENTION ORDER

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(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 correctional 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

(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 29th day of November, 2005.

AMONICA J. BENTON

United States Magistrate Judge

Case 2:05-cr-00410-RSL Document 11 Filed 11/29/05 Page 3 of 3