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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. 05-553M

)

v. )

)

) DETENTION ORDER

ISAI HERNANDEZ, )

)

Defendant. )

______________________________)

Offenses charged:

Count 1: Conspiracy in Relation to Cocaine and Methamphetamine, in

violation of, Title 21, U.S.C., Section 846 and 841(b)(1)(A);

Count 22: Money Laundering, in violation of Title 18, U.S.C., 1956(a)(1)(A),

(a)(1)(B)(I), (a)(1)(B)(ii) and 2.

Date of Detention Hearing: November 28, 2005.

The Court conducted both a contested detention hearing pursuant to Title 18 U.S.C.

§ 3142(f) and a preliminary Rule 5©)(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 Alaska to answer the charges. Moreover, based upon the factual

findings and statement of reasons for detention hereafter set forth, finds that no condition

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DETENTION ORDER

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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 Todd Greenberg. The defendant was

represented by Raul Mendez.

The Government urges the court to detain the defendant, stating that the drug

conspiracy involves wiretaps which further corroborate the strength of the evidence in the

instant offense. The wiretaps identified the defendant as the supplier of cocaine to the drug

organization. The drug organization focused on transporting drugs from Seattle to Alaska

and is relevant as it poses a risk of flight. Intercepted calls revealed discussion between

defendant and co-defendant Carlos Rainey, where the defendant planned to travel to Alaska

to smuggle money owed to him from Alaska to Seattle, further supporting the argument of

defendant’s risk of flight. 

The Government states the defendant poses a danger to the community. A search

of the defendant’s home revealed a marijuana grow organization in the house where 93

plants were found along with approximately 400 grams of cocaine. Also found was

approximately $5400.00 cash and five 9-mm bullets and a holster for a handgun.

An Immigrations Customs Enforcement (“ICE”) report revealed that on April 13,

2003, the defendant was the subject of traffic stop at the Canadian border to Seattle. A

canine search of the van revealed a hidden compartment containing $9700.00 in cash

packaged with dryer sheets, known to mask the odor of drugs.

Declarations submitted by family members tend to indicated defendant has long

history of employment yet defendant indicates unemployment for a year and sporatic

employment before that. Defendant has no ties to Alaska to overcome presumption.

Defense counsel asserts that no other agent is claiming that the defendant was in

fact the person stopped in April at the Canadian border. Prior court services investigation

of a criminal records check does not include the border stop in question. 

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DETENTION ORDER

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Defendant is only charged with 2 of the 22 counts. One of the defendants with

nine counts has been paroled by this court.. He has significant ties to community. He can

live with relatives with no contact as ordered. Defendant is willing to submit to electronic

monitoring 

The house that was searched contained 2 residences. One of the residents being a

Mr. Martinez who was arrested at the same time as defendant at the residence. Mr.

Hernandez has not admitted the things that were found in the house were his. He has strong

ties to the community. His family is willing to provide money for transportation for

appearances.

On the issue of employment, defense asserts that he does sporatic work in

construction, family members confirm the same and that defendant worked in a restaurant

as indicated. 

FINDINGS OF FACT AND STATEMENT OF REASONS FOR DETENTION

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

offense. The penalty for the instant offence is in ten years to life. 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 given the nature of the offense, and his

alleged role in the offense. He appears not to have stable employment

despite his length of residence in this district. His income sources appear

to come from illegal proceeds. Evidence of his role to conceal discovery

of the drugs is highly probative of whether he poses a risk of danger to

the community. 

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

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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

(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 November, 2005.

AMONICA J. BENTON

United States Magistrate Judge

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