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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. 05-380 M

)

v. )

)

FRANK JAMES FOURBEAR, ) DETENTION ORDER 

)

Defendant. )

)

_____________________________ )

Offenses charged: 

Count I: Attempted Interference with the Administration of the Social

Security Act, in violation of Title 42, U.S.C., Section 1320a–8b, and

Count II: Felon in Possession, in violation of Title 18, U.S.C., Section

922(g)(1).

Date of Detention Hearing August 2, 2005.

The Court, having conducted an uncontested 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

Andrew Friedman for Andrew Colasurdo. The defendant was represented by Robert

Gombiner.

The Government filed a Motion for Detention (Dkt. #4), to which the defendant

stipulated.

FINDINGS OF FACT AND STATEMENT OF REASONS FOR DETENTION

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DETENTION ORDER

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(1) The defendant poses a risk of nonappearance based on his unknown

background information, his unknown ties to this district, and possible

substance abuse problems as indicated by the Complaint noting that the

defendant was intoxicated at the time he was located by agents.

(2) Due to the nature and seriousness of the crime alleged, combined with the

defendant’s criminal history and possible issues with substance abuse,

release of the defendant would pose a risk to the community.

(3) The defendant stipulated to detention.

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;

(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

//

//

//

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DETENTION ORDER

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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 Pretrial Services Officer.

DATED this 4th day of August, 2005.

AMonica J. Benton

United States Magistrate Judge

Case 2:05-cr-00377-JCC Document 8 Filed 08/04/05 Page 3 of 3