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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. CR05-334 RSL

)

v. )

)

) DETENTION ORDER

RAJINDER SINGH JOHAL )

)

Defendant. )

______________________________)

Offenses charged:

Count 1: Conspiracy to Distribute Cocaine and Marijuana, in violation of

Title 21, U.S.C., Section 841(a)(1), 841(b)(1)(A), 841(b)(1)(B), and

846;

Count 2: Bulk Cash Smuggling, in violation of Title 31, U.S.C., Section

5332(a)(1), and Title 18, U.S.C., Section 2.

Date of Detention Hearing: December 14, 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 Kelly Harris.

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DETENTION ORDER

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The defendant was represented by Barry Flegenheimer.

FINDINGS OF FACT AND STATEMENT OF REASONS FOR DETENTION

(1) There is probable cause to believe the defendant committed the drug

offense. The penalty carries a ten-year mandatory minimum. There is

therefore a rebuttable presumption against the defendant’s release based

upon both dangerousness and flight risk, under Title 18 U.S.C. §

3142(e).

(2) Nothing in this record satisfactorily rebuts the presumption against

release for several reasons under the Bail Reform Act: 

(a) The nature and circumstances of the offense charged, including

whether the offense is a crime of violence or involves a narcotic

drug. This factor under the statute permits the Court to consider

the nature of the offense which in this case involved great

quantities of narcotics and their sale and distribution allegedly

through the use fo the defendant’s legitimate business. 

(b) The weight of the evidence. This case was investigated through

the use of court authorized wiretaps and search warrants. 

Consequently the evidence is subject to less interpretation than

simply lay witness accounts and circumstantial evidence.

(c) The history and characteristics of the person, including:

The person’s character, physical and mental condition, family

ties, employment, financial resources, length of residence in the

community, community ties, past conduct, history relating to drug

or alcohol abuse, criminal history, record concerning appearance

at court proceedings, and whether at the time of the current

offense or arrest, the person was on probation, on parole, on

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DETENTION ORDER

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other release pending trial, sentencing, appeal, or completion of

sentence of an offense under Federal, State, or local law. 

This defendant has many ties to the community as reflected in the

numbers of people accompanying his family in the courtroom. 

However, the scale of operation alleged in this case would give

rise to many community contacts and many who might be

unaware of the illegitimate nature of the alleged crime.

(d) Risk of danger to the community. The Court recognizes that

criminal enterprise in the sale and distribution of narcotics poses a

danger to the community . 

(3) Based upon the foregoing information, it appears that there is no

condition or combination of conditions that would reasonably assure

future Court appearances and/or the safety of other persons or the

community.

It is therefore ORDERED:

(l) The 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) The 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

the defendant is confined shall deliver the defendant to a United States

Marshal for the purpose of an appearance in connection with a court

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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 15th day of December, 2005.

AMONICA J. BENTON

United States Magistrate Judge

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