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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. CR05-327 JCC M

)

v. )

)

) DETENTION ORDER

GREGORIO ANTUNEZ-MORA, )

)

Defendant. )

______________________________)

Offense charged:

Count I: Possession of Methamphetamine with Intent to Distribute, in

violation of Title 21, U.S.C., Sections 841(a)(1) and 841(b)(1)(A).

Date of Detention Hearing: August 29, 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 Douglas

Whalley. The defendant was represented by Lennard Nahajski.

The Government argued for detention, emphasizing the strength of its case as the

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DETENTION ORDER

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charge includes drug sales to an undercover informant, namely a King County Deputy

Sheriff. Additionally, the Government asserts that the defendant faces a 20 year minimum

sentence based on his prior VUSCA conviction, thereby providing ample motivation to

flee.

The defense opposes detention, asserting that nothing indicates that the defendant

poses a threat to the community. The defense maintains that the defendant has been living

in the Seattle area for 27 years, that he is a legal resident having had a green card for 20

years, and that he has strong ties to this district as family and friends reside in the area. The

defense moves for release of the defendant with the understanding that he must remain in

contact with his attorney and the court.

FINDINGS OF FACT AND STATEMENT OF REASONS FOR DETENTION

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

offense. The maximum penalty is in excess of ten years. 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: Using the factors below, under Title 18 §

3142 (g), the Court considered the following: 

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

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

drug. 

The instant offense involves the sales of methamphetamine to an

undercover informant and surveillance of the defendant’s drug

activity. 

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DETENTION ORDER

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(b) The weight of the evidence. 

The Court finds the weight of the evidence in the instant offense

to be significant. The charge involves surveillance of the

defendant’s activity and drug sales to an undercover informant. 

The Complaint indicates that, upon execution of a State search

warrant, the drugs found in the defendant’s residence were

packaged for resale, the quantity of drugs being much higher than

necessary for personal use. Further corroborating the drug

distribution charges, the Complaint noted that a large sum of

money was also hidden in the defendant’s residence, presuming it

to be proceeds from drug sales.

(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 other

release pending trial, sentencing, appeal, or completion of

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

The U.S. Pre-trial Services viewed the defendant as a risk of

nonappearance based on his unknown/unverified background and

personal history based upon lack of an interview. The Court is

concerned by the fact that the defendant is not gainfully

employed, which further lessens his ties to this district.

Additionally, absence any factors to rebut it, the Court believes

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DETENTION ORDER

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there is a strong incentive to flee given the 20-year mandatory

minimum sentence the defendant faces based on his prior VUCSA

conviction. 

(d) Risk of danger to the community. 

The Court finds the defendant to be a risk to the community based

on past convictions which are similar in nature to the instant

offense.

(3) Based upon the foregoing information which is consistent with the

recommendation of U.S. Pre-trial Services, 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

proceeding; and

//

//

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(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 Pre-trial Services Officer.

DATED this 7th day of September, 2005.

AMonica J. Benton

United States Magistrate Judge

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