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DETENTION ORDER 15.13

18 U.S.C. § 3142(i) Rev. 1/91

PAGE 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA,

Plaintiff,

v. 

ANDREW KUNDA,

Defendant.

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Case No.: CR 05- 401 DB

 CR 07- 396 DB

DETENTION ORDER 

Offenses charged: 

Count I: Operating a motor vehicle while under the influence of intoxicating liquor (or

any drug or any combination thereof) in violation of 18 U.S.C. §§ 7 and 13, and R.C.W. 

§§ 46.61.502 and .504.

Count II: Physical Control of a motor vehicle while intoxicated, in violation of 18 U.S.C.

§§ 7 and 13, and R.C.W. 9A.52.100.

Count I in CR 07- 396: Failure to Appear for Trial in violation of a pretrial bond and 18

U.S.C. § 3142.

Initial Appearance: November 7, 2005 and November 28, 2007.

Date of Detention Hearing: November 28, 2007.

On November 28, 2007, defendant appeared on an alleged violation of his conditions of

pretrial release in CR 05-401 and for an initial appearance on the charge in CR 07-396. Both

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DETENTION ORDER 15.13

18 U.S.C. § 3142(i) Rev. 1/91

PAGE 2

matters alleged that defendant failed to appear for his trial on the charges in CR 05-401 that had

been scheduled for January 2, 2007. 

The Court, having conducted a detention hearing pursuant to 18 U.S.C. § 3142(f), and

based upon the factual findings and statement of reasons for detention hereafter set forth, finds:

FINDINGS OF FACT AND STATEMENT OF REASONS FOR DETENTION

(1) On November 7, 2005, defendant was released on bond with pretrial supervision

and special conditions. His trial was scheduled for January 2, 2007.

(2) Defendant failed to appear for his trial as scheduled. 

(3) There appear to be no conditions or combination of conditions that will reasonably

assure the defendant’s appearance at future Court hearings and that will address the danger to

other persons or the community.

IT IS THEREFORE ORDERED:

(1) 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 corrections 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 15.13

18 U.S.C. § 3142(i) Rev. 1/91

PAGE 3

(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 28th day of November 2007.

AJAMES P. DONOHUE

United States Magistrate Judge 

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