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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

D’ANDRE TOLBERT, a/k/a “Dre”, )

)

Defendant. )

___________________________________ )

Offenses charged:

Count 1: Conspiracy in Relation to Cocaine and Methamphetamine

Trafficking, in violation of Title 21, U.S.C., Sections 846 and

841(b)(1)(A);

Counts 3-4: Distribution of Methamphetamine, in violation of Title 21, U.S.C.,

Sections 841(a)(1) and 841(b)(1)(A);

Count 7: Distribution of Cocaine, in violation of Title 21, U.S.C., Sections

841(a)(1) and 841(b)(1)(); and,

Count 22: Money Laudering, in violation of Title 18, U.S.C., Sections

1956(a)(1)(A)(i), (a)(1)(B)(i), (a)(1)(B)(ii) and 2

Date of Detention Hearing: November 18, 2005.

 The Court, having conducted a both and uncontested detention hearing pursuant

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DETENTION ORDER

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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 the order for transfer to the

originating district court of the District of Alaska. Moreover, 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 Todd Greenberg. The defendant was

represented by Robert Gombiner. 

FINDINGS OF FACT AND STATEMENT OF REASONS FOR DETENTION

(1) There is probable cause to believe the defendant committed the ten+ year

drug offense. 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) The defendant poses a risk of nonappearance as his background and ties

to this district and the District of Alaska are unknown/unverified.

Defendant also poses a flight risk as he has access to large sums of cash.

(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) 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;

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DETENTION ORDER

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(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 28th day of November, 2005.

AMONICA J. BENTON

United States Magistrate Judge

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