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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- 428 M

)

v. )

)

LIANG CHIH TANG, ) DETENTION ORDER 

)

Defendant. )

)

_____________________________ )

Offenses charged in the District of New Jersey: 

Count 1: Conspiracy to Smuggle Cigarettes into the United States, Traffic in

Goods Bearing Counterfeit Marks, and Traffic in Counterfeit

Cigarettes, in violation of Title 18, U.S.C., Sections 2342(a) and

371;

Count 3: Smuggling Counterfeit Cigarettes, in violation of Title 18, U.S.C.,

Sections 545 and 2;

Count 7: Trafficking in Goods Bearing Counterfeit Marks, in violation of

Title 18, U.S.C., Sections 2320(a) and 2; and

Count 13: Trafficking in Contraband Cigarettes, in violation of Title 18,

U.S.C., Sections 2342(a) and 2.

Date of Detention Hearing: August 29, 2005.

The Court conducted both an uncontested detention hearing pursuant to Title 18

U.S.C. § 3142(f) and a preliminary Rule 5(c)(3) inquiry. The defendant waived his rights

to a full Rule 5(c)(3)(D) hearing and the Court signed an order of transfer to the originating

district court of the District of New Jersey to answer the charges. 

The detention hearing was uncontested, and the defendant may address the issue

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DETENTION ORDER

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of detention in New Jersey. Moreover, based upon the factual findings and statement of

reasons for detention hereafter set forth, the Court 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

Robert Gombiner.

FINDINGS OF FACT AND STATEMENT OF REASONS FOR DETENTION

(1) The defendant poses a risk of non-appearance as his background and ties

to this district and the District of New Jersey are unknown; he has a

history of failing to appear; and he has an extraditable outstanding felony

warrant verified by the Clark County District Attorney’s Office in Nevada.

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

defendant’s active felony warrant and unknown background, 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

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DETENTION ORDER

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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 31st day of August, 2005.

AMONICA J. BENTON

United States Magistrate Judge

Case 2:05-mj-00428-MJB Document 7 Filed 08/31/05 Page 3 of 3