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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. 05-421 M

)

v. )

)

) DETENTION ORDER

JULIO PEREZ-GARCIA, )

)

Defendant. )

______________________________)

Offenses charged:

Count I: Distribution of Methamphetamine, in violation of Title 21, U.S.C.,

Sections 841(a)(1) and 841(b)(1)(A) and Title 18, U.S.C., Section 2;

Count II: Possession with Intent to Distribute Methamphetamine, 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 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

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DETENTION ORDER

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Patricia Lally. The defendant was represented by Nancy Tenney.

The Government filed a Motion for Detention, to which the defendant stipulated

reserving the right to re-open the matter of detention should circumstances of the defendant

change.

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:

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

unknown background information, his unknown or unverified ties

to this district, and his immigration status.

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

with the defendant’s unknown background, release of the

defendant would pose a risk to the community.

(c) The defendant stipulated to detention.

(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.

//

//

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DETENTION ORDER

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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

(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 30th day of August, 2005.

AMonica J. Benton

United States Magistrate Judge

 

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